THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. These provisions form an essential basis of our agreement to provide you with access to the Site and use of the Services.
If you have questions regarding these Terms, please contact Fantasy Football Metrics, Inc. at http://www.fantasyfootballmetrics.net/contact.
To use the Services, you must accept these Terms, register through the Site and have an account with Fantasy Football Metrics (the Account). The Site is for your personal and non-commercial use only. Except as expressly permitted herein, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate content received through the Site to anyone without Total Football Advisors, LLC's express prior written consent. In addition, you agree that you will not use any robot, spider, software, routine, meta-search, automated query or device, or manual process to bypass security measures or to monitor or copy content contained on the Site, or for any other unauthorized purpose, without the prior expressed written permission of Fantasy Football Metrics. You also agree that you will not interfere or attempt to interfere with the proper working of the Site, including attempting to access data not intended for you or for which you are not authorized to access; attempting to probe, scan or test vulnerabilities to breach security; attempting to interfere with the Site by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming, mail bombing, or attempting to overload or crash the Site; or by taking any action that may impose an unreasonable or disproportionately large load on the infrastructure supporting the Site.
All content provided on the Site and in connection with the Services is protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their materials to Fantasy Football Metrics. All Content is:
Fantasy Football Metrics provides pay-for services and applications which might be licensed based on a one-time payment, a periodic subscription (such as monthly) or a bump-up subscription to a base subcription. Unless agreed otherwise, you may cancel your periodic subscriptions at anytime through the My Account page. You agree that if for any reason you are not satisified with Fantasy Football Metrics's pay-for service or application you will contact customer service through the "Support" link at the top right of the application or by emailing http://www.fantasyfootballmetrics.net/contact. If Fantasy Football Metrics is unable to resolve your issue in an acceptable period of time, you may request a refund or partial refund. You agree that you will work with Fantasy Football Metrics first to not request a refund from your credit card company unless you are not satisified after contacting Fantasy Football Metrics's customer service.
You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of Fantasy Football Metrics, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners, in which you likewise have no rights. All rights not granted herein are hereby expressly reserved by Fantasy Football Metrics and its licensors.
Accounts may not be transferred or used by any other party without the express permission of Fantasy Football Metrics. You agree that any information you provide to Fantasy Football Metrics, whether through the Account registration process or otherwise, including, without limitation, passwords, usernames, login ID's, financial information, and any other personally identifiable information whether through questionnaires, registration forms, or other information requests (Account Information), will be true, accurate, current, and complete. You agree not to provide Account Information that is false, inaccurate, misleading, or fraudulent. You agree to provide Fantasy Football Metrics with any information reasonably requested by Fantasy Football Metrics related to the provision of the Services and necessary for administration of the Account.
You are solely responsible for all transactions and transmissions that occur through the use of your Account Information, and it is your responsibility to maintain and promptly update your Account Information. You agree that Fantasy Football Metrics is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Fantasy Football Metrics of your Account Information. It is your responsibility to maintain the confidentiality of your Account Information. Fantasy Football Metrics requires that you agree not to share your Account Information with another person, nor allow another person to use your Account Information. If you believe that someone has used your Account Information to access any Fantasy Football Metrics supports without your authorization, please contact Fantasy Football Metrics at the phone number listed below immediately.
You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false e-mail or other headers, or otherwise conceal your identity from Fantasy Football Metrics for any purpose. If you believe that someone has used your Account Information to access the Site or use or purchase the Services without your authorization, please contact us immediately at http://www.fantasyfootballmetrics.net/contact.
Fantasy Football Metrics reserves the right, to change, delete, or update the Terms or other policies that govern use of the Site or the Account at its discretion, at any time, for any reason, without notice, including the right to terminate the Services, any part of the Services, or the Account. Any amendments and modifications by Fantasy Football Metrics will be prospective only, and unless otherwise provided in this Agreement, will be effective upon being posted on the Site. Fantasy Football Metrics encourages you to review these Terms periodically for updates and changes. Your continued access or use of the Site or the Account shall be deemed acceptance of all changes.
Fantasy Football Metrics or its content providers own all of the content, materials, and other intellectual property related to the Site and the Services, including without limitation, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, Fantasy Football Metrics Materials). You have no rights to the Fantasy Football Metrics Materials, except as expressly set forth in these Terms. Any use of the Fantasy Football Metrics Materials, except as permitted by these Terms, is expressly prohibited.
The contents and use of the Site (including Fantasy Football Metrics name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the Site or the Services. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of Fantasy Football Metrics.
You further agree that you may not:
Fantasy Football Metrics reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing Fantasy Football Metrics to disclose such information.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Site, the Services and the Account. You agree that Fantasy Football Metrics may terminate, restrict, or suspend part or all of your license to access the Site and your Account, or delete any content transmitted to or through the Site and to your Account, at any time, at its sole discretion, without prior notice to you and without any liability to you. Fantasy Football Metrics also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in Fantasy Football Metrics. sole discretion, may create liability for Fantasy Football Metrics, its agents or its contractors, or may affect Fantasy Football Metrics. business relationships or contracts with its agents or its contractors. Fantasy Football Metrics further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive, or do not conform to these Terms - though Fantasy Football Metrics shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to its posting. Fantasy Football Metrics shall have the right, but not the obligation, to monitor the content and user traffic of the Website, including chat rooms and forums, to determine compliance with the Terms and any other terms and conditions established by Fantasy Football Metrics and to satisfy any law, regulation or authorized government request. Fantasy Football Metrics shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Fantasy Football Metrics shall have the right to remove any material that Fantasy Football Metrics, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.You acknowledge that, upon termination, Fantasy Football Metrics may immediately deactivate or delete your Account and all related information and files in the account and bar you from further access to the files, the Site, the Services, and your Account.
For your general informational use only, Fantasy Football Metrics may provide access to third party websites. These links will allow you to leave the Site. The linked sites are not under the control of Fantasy Football Metrics and Fantasy Football Metrics is not responsible for the contents of any linked site. By providing access to other websites, Fantasy Football Metrics is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization.
Fantasy Football Metrics is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom Fantasy Football Metrics conducts business, and nothing in these Terms, shall be deemed to create any agency relationship, affiliation, or sponsorship among Fantasy Football Metrics and such third parties or you, or make the third parties or you partners or joint ventures with Fantasy Football Metrics, or otherwise provide you or any third parties with any rights to act on Fantasy Football Metrics. behalf. Fantasy Football Metrics does not represent or guarantee the truthfulness, accuracy, completeness, timeliness, authorship, suitability of content, or reliability of communications posted by third parties, nor does Fantasy Football Metrics endorse any opinions expressed by users or any third parties using the Site. Consequently, you agree that Fantasy Football Metrics does not guarantee, and is not liable to you for any third party content.
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your Account Information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN .AS IS. AND .AS AVAILABLE. BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). Fantasy Football Metrics AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN TASC, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON Fantasy Football Metrics.S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO Fantasy Football Metrics.
YOU AGREE THAT THE Fantasy Football Metrics. PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE Fantasy Football Metrics. PARTIES. TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO Fantasy Football Metrics TO PURCHASE THE PARTICULAR PRODUCTS OR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, THE AMOUNTS PAID BY YOU TO Fantasy Football Metrics TO PURCHASE PRODUCTS OR SERVICES IN THE THREE (3) MONTHS PRECEDING ANY CLAIM WHERE YOUR CLAIM DOES NOT RELATE TO PRODUCTS OR SERVICES PURCHASED, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO Fantasy Football Metrics. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY Fantasy Football Metrics IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE Fantasy Football Metrics PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
In consideration of your use of the Site, you hereby agree to indemnify the Fantasy Football Metrics Parties and any third party information or service providers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your: (i) breach of these Terms, (ii) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (iii) violation of any applicable law, rule, or regulation, (iv) negligence, recklessness, or misconduct, or (v) unauthorized use of your Account Information by a party other than Fantasy Football Metrics.
Fantasy Football Metrics controls and operates the Site from its offices within the State of in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of (excluding any choice of law rules) govern your rights and obligations relating to Fantasy Football Metrics and your use of the Site.
You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. You acknowledge that export of the products or services and any related documentation, in whole or part, contrary to United States law is prohibited. You agree that no part of the products or services available through the Site, either in whole or part, is being acquired for shipment, transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities or for weapons.
If any part of the Terms is determined by a court of competent jurisdiction and venue to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.
No failure to exercise and no delay in exercising, by Fantasy Football Metrics, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by Fantasy Football Metrics of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Fantasy Football Metrics.
Pursuant to the Digital Millennium Copyright Act, Fantasy Football Metrics designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide Fantasy Football Metrics. designated agent the following information:
Fantasy Football Metrics designated agent for notification may be contacted at:
- By email (preferred): http://www.fantasyfootballmetrics.net/contact
- By mail:
If a dispute arises between you and Fantasy Football Metrics, it is the goal of Fantasy Football Metrics to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies (Claims) arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding arbitration as described herein.
Any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination, or breach thereof) shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). A judgment upon an arbitrator.s award may be entered by any court of competent jurisdiction. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to this Agreement or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).
The above obligations to arbitrate shall not prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.
Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, the Services, or this Agreement shall be in Manchester, . Any matter brought before a court shall be brought solely in the state or federal courts located in .
For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by this Agreement.
These Terms, and any policies referenced and attached hereto, constitute the entire agreement between you and Fantasy Football Metrics related to the Site and services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to in any manner except as set forth by a document in writing and signed by an authorized representative of each party. If there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to Fantasy Football Metrics shall govern.
The headings of the sections in these Terms are strictly for convenience and shall not in any way be construed as amplifying or limiting any of these Terms.
The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.