These Website Terms and Conditions of Use (these “Terms of Use”) are entered into by you and Sports Solver, LLC (“Sports Solver”) and govern your access to and use of the website located at www.thesolver.com (the “Site”), including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING THE SITE AND/OR BY BROWSING OR USING THE CONTENT, SERVICES, AND/OR TOOLS OFFERED BY THE SITE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.
This Site is offered and available to users who are 18 years of age or older and reside in (and are citizens of) the United States (or any of its territories or possessions) and/or Canada. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Sports Solver and reside in (and are a citizen of) the foregoing locations. If you do not meet these requirements, you must not access or use the Site.
Sports Solver reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. All changes are effective immediately when Sports Solver posts them and apply to all access to and use of the Site thereafter. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Sports Solver grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site.
Sports Solver reserves the right to withdraw or amend the Site, and any service or material Sports Solver provides on the Site, in its sole discretion without notice. Sports Solver will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Sports Solver may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Site. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of Sports Solver’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify Sports Solver immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
Sports Solver has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Sports Solver, at any time in Sports Solver’s sole discretion for any or no reason, including if, in Sports Solver’s opinion, you have violated any provision of these Terms of Use.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sports Solver’s systems or networks, or any systems or networks connected to the Site.
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.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), as well as the Site’s “look and feel,” are owned by Sports Solver, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
You shall not:
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at Sports Solver’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Sports Solver. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
If you provide feedback to Sports Solver about the Site or any of its content, such feedback will be deemed non-confidential and you hereby grant to Sports Solver a non-exclusive, irrevocable, unrestricted, worldwide, transferable, assignable, and paid-up right and license to use the feedback for any purpose.
Sports Solver’s name, the terms “Sports Solver” and “The Solver,” Sport Solver’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Sports Solver or its affiliates or licensors. You shall not use such marks without the prior written permission of Sports Solver. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. In addition to any other limitations set forth herein, you agree not to use the Site:
Additionally, you agree not to:
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Sports Solver may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
In order to prevent interruptions in service, Sports Solver uses a subscription-based payment structure where memberships and subscriptions to the Site and its content and services automatically renew until canceled by you. You may cancel your subscription to access the Site at any time – however, all sales are final and there are no refunds for cancellation. Payments are nonrefundable and there are no refunds or credits for partially used billing periods. Sports Solver reserves the right to increase any subscription fee(s) or payment(s) by giving you prior written notice of such increase (which may be delivered via e-mail or by any other means), and your agreement to utilize and access the Site and its content and services shall be deemed amended accordingly.
Although you may cancel your subscription to the Site and its content and services at any time, and you will continue to have access to the Site for the remainder of your applicable billing cycle. To cancel your subscription, go to the Subscription page on the Site and follow the instructions for cancellation. If you cancel your subscription, your subscription will automatically end at the end of your current billing period. If you subscribed to the Site using your account with a third party as a payment method and wish to cancel your subscription, you may need to do so through that third party (such as Apple or Google) by visiting your account with the applicable third party and unsubscribing from the Site through that third party.
It is your responsibility to keep track of the account expiration date for any subscriptions and cancel prior to renewal. You may review their expiration date and/or cancel active subscriptions at any time by logging in and visiting the Subscriptions page on the Site.
You may link to Sports Solver’s homepage, provided you do so in a way that is fair and legal and does not damage Sports Solver’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Sports Solver’s part.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site. Send emails or other communications with certain content, or links to certain content, on this Site. Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Sports Solver, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions Sports Solver provides with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with Sports Solver in causing any unauthorized framing or linking immediately to stop. Sports Solver reserves the right to withdraw linking permission without notice.
Sports Solver may disable all or any social media features and any links at any time without notice in Sports Solver’s sole discretion.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Sports Solver has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Site is based in the State of Delaware in the United States. Sport Solver provides this Site for use only by persons located in, and citizens of, the (or any of its territories or possessions) and Canada. Sports Solver makes no claims that the Site or any of its content is accessible or appropriate outside of these locations or by individuals who are not citizens of these locations. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the foregoing locations or you are not a citizen of the foregoing locations, you do so on your own initiative and are responsible for compliance with local laws.
You understand that Sports Solver cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Sports Solver’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, SPORTS SOLVER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPORTS SOLVER NOR ANY PERSON ASSOCIATED WITH SPORTS SOLVER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS SERVICES OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SPORTS SOLVER NOR ANYONE ASSOCIATED WITH SPORTS SOLVER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY CONTENT OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR PRODUCE ANY SPECIFIC RESULTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR SOLE REMEDY AGAINST SPORTS SOLVER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT OR SERVICES IS TO STOP USING THE SITE OR ANY SUCH CONTENT OR SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You understand that the Site contains information, content, and/or services about sports, fantasy sports, and sports betting, but that this information, content, and services do not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. SPORTS SOLVER ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE CONTENT OR SERVICES ON THE SITE, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. YOU KNOWINGLY AND VOLUNTARILY ACKNOWLEDGE AND AGREE THAT ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPORTS SOLVER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SPORTS SOLVER AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWO TIMES (2x) THE AMOUNT YOU HAVE PAID TO SPORTS SOLVER FOR SERVICE(S) IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from Sports Solver’s gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Sports Solver, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although Sports Solver retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Sports Solver of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sports Solver to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use constitute the sole and entire agreement between you and Sports Solver regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
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