Terms of Service

PLEASE READ THESE TERMS OF USE / TERMS OF SERVICE (“Terms”) CAREFULLY. THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN SportsDataIO, ("we") AND YOU ("you”). IF YOU PURCHASE ANY SERVICES AND/OR PRODUCTS FROM SportsDataIO, YOU ACCEPT THESE TERMS.

1. MINIMUM AGE REQUIREMENT

SportsDataIO, its associated pages, and the services offered herein are intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using SportsDataIO and/or its services, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use SportsDataIO and/or its services only with the permission and involvement of a parent or guardian.

2. PRIVACY POLICY

Please read our Privacy Policy, which is incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any communication or activities relating to SportsDataIO and/or its services. You acknowledge that SportsDataIO may preserve communication and may also disclose communication if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any activity violates the rights of third parties; or (d) protect the rights, property, or personal safety of SportsDataIO, Site / service users, and the public.

3. CUSTOMER SUPPORT

You may contact SportsDataIO Support by sending an email to support@SportsDataIO. You acknowledge that the provision of customer support is at SportsDataIO’s sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support at our sole discretion, provided that you have purchased products and/or services from SportsDataIO, you are in compliance with these Terms, and you submit your customer support inquiries using the method indicated above.

4. ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with SportsDataIO. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. Upon creation of SportsdataIO account (including for inquiries), you will be added to our mailing list. You will be able to manage those preferences directly within any newsletter.

5. NOTICES AND CONTACT INFORMATION

Except as otherwise provided in these Terms, SportsDataIO will give you any notices by posting them on SportsDataIO and/or by e-mailing you, and you agree that such posting will constitute effective notice. You authorize SportsDataIO to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if SportsDataIO, in its sole discretion, opts to do so. You agree to keep your contact information current, and that notice provided by SportsDataIO to the address that you have most recently provided will constitute effective notice.

6. MODIFICATIONS TO TERMS AND SITE

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to SportsDataIO. Your continued use of SportsDataIO and its services following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, SportsDataIO (or any of its products or services) without notice.

7. PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) use any robot, spider, scraper or other automated means or interface not authorized by us to access SportsDataIO or extract data or gather or use SportsDataIO’s services and/or information regarding its owners or clientele. (b) frame any part of SportsDataIO, or link to SportsDataIO, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by SportsDataIO; (c) impersonate or misrepresent your affiliation with any person or entity; (d) bypass or circumvent measures employed to prevent or limit access to any area, content or code of SportsDataIO (except as otherwise expressly permitted by law); (e) take any action which might impose a significant burden (as determined by us) on SportsDataIO’s infrastructure or performance, or send to or otherwise impact us or SportsDataIO (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact SportsDataIO or any recipient.

8. EXTERNAL CONTENT

Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of SportsDataIO. SportsDataIO is not responsible for the accuracy or reliability of any opinion, advice, information, or statement made regarding this Site and/or its Services by anyone other than authorized SportsDataIO employees acting in their official capacities.

9. PROTECTION OF SITE CONTENT

Our Site is protected by U.S. and international intellectual property laws, which you agree to respect. All content on SportsDataIO, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of SportsDataIO or its content suppliers. All software used by SportsDataIO is the property of SportsDataIO or its software suppliers.

10. TERMINATION OR CANCELATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to SportsDataIO, its services, and/or your Account, or suspend or block your access to SportsDataIO and/or its services provided we distribute a pro-rated refund to you for any services not rendered by termination. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. SportsDataIO may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 8 with respect to removal or modification of Content previously posted on SportsDataIO.

11. DEALINGS WITH OTHER PARTIES; LINKS

This Site may contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that SportsDataIO is not responsible or liable for (i) the availability or accuracy of such site or resources; or (ii) the content, advertising, or products or services on or available from such site or resources. The inclusion of any link on SportsDataIO does not imply that we endorse the linked site. You use the links at your own risk. SportsDataIO’s Privacy Policy is applicable only when you are on our Site.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through SportsDataIO or which provide links on SportsDataIO, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against SportsDataIO and agree to hold SportsDataIO harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on SportsDataIO.

12. INDEMNIFICATION

As a condition of your access to and use of SportsDataIO, you agree to hold SportsDataIO, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of SportsDataIO and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of SportsDataIO; (iv) SportsDataIO’s resolution (if any) of any dispute you have or claim to have with one or more users of SportsDataIO; (v) your improper authorization for SportsDataIO to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that SportsDataIO disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) SportsDataIO will have the right but not the obligation to resolve disputes between users relating to SportsDataIO and SportsDataIO’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) SportsDataIO’s resolution of a dispute will be final with respect to SportsDataIO.

13. DISCLAIMER OF WARRANTIES

SportsDataIO MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM SportsDataIO, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE SportsDataIO AND CONTENT AT YOUR OWN RISK. SportsDataIO SERVICES ARE PROVIDED BY SportsDataIO ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SportsDataIO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SportsDataIO OR THE INFORMATION OR CONTENT INCLUDED ON SportsDataIO. SportsDataIO MAKES NO REPRESENTATIONS OR WARRANTIES THAT SportsDataIO WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SportsDataIO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER SportsDataIO, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF SportsDataIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

15. ADDITIONAL TERMS

  1. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
  2. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of SportsDataIO. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of SportsDataIO will be null and void. SportsDataIO shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
  3. Jurisdiction; Choice of Law; Export Limitations. SportsDataIO is controlled by from our offices within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from SportsDataIO in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of SportsDataIO will be governed by the laws of the State of Pennsylvania, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and SportsDataIO agree to submit to the personal and exclusive jurisdiction of the courts located within Pennsylvania, U.S.A. Any disputes regarding such claims or arising under or related in any way to these Terms or SportsDataIO shall be heard exclusively in the appropriate forum in Pennsylvania. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Pennsylvania or federal law.
  4. Limitations on Actions. Any action concerning any dispute you may have with respect to SportsDataIO must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
  5. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
  6. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the "Entire Agreement") between you and SportsDataIO with respect to the use of SportsDataIO and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
  7. No Waiver. The failure of SportsDataIO to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or SportsDataIO’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
  8. No Transfer. Upon purchasing SportsDataIO products and/or services, you are granted a limited, non-exclusive, non-transferable, non-sublicenseable right and license, in and under our intellectual property rights, to access and use our products and/or services solely in accordance with these Terms.

NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

SportsDataIO WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY SportsDataIO TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE SportsDataIO PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY SportsDataIO, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO SportsDataIO COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

NOTICE RE TRADEMARKS

The trademark “SportsDataIO” and all other trademarks used in SportsDataIO is owned or used under license by SportsDataIO. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on SportsDataIO or in any Site content. All rights are reserved.

NOTICE RE COPYRIGHT OWNERSHIP: © SportsDataIO ALL RIGHTS RESERVED.

All content on SportsDataIO is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.

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