Terms of Service

Last Revised: November 16, 2015

The following are terms of a legal agreement between Vantage Sports Inc., a Delaware corporation (“us,” “we," or “Vantage"), and you. By accessing, reading, and using VantageSports.com and the services, features, content, or applications we offer (collectively, the “Site”), you acknowledge that you have read, understood, and agree to be bound by the following terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site.

These terms are void where prohibited by law, and the right to access and use the site is revoked in any such jurisdiction.

Vantage reserves the right to change or modify these terms or any policy or guideline of the site at any time and in its sole discretion. You hereby waive any right you may have to receive specific notice of changes or modifications to the terms. Therefore, you should periodically review these terms and all applicable site policies as any changes or modifications will be effective immediately once they have been posted online at http://vantagesports.com/terms. Your continued use of the site following the posting of changes or modifications will confirm your acceptance of those changes or modifications or if you do not agree to the changes or modifications, you must stop using the site.

REGISTRATION

You must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username (a “User ID”) and password.

You are entirely responsible for all use of your User ID and for maintaining the confidentiality of your password. You may not use the account, User ID, or password of someone else at any time, and you may not permit others to use your User ID or password. You agree to notify Vantage immediately of any unauthorized use of your account, User ID, or password. Vantage shall not be liable for any loss that you incur as a result of someone else using your User ID or password, either with or without your knowledge. You may be held liable for any losses incurred by Vantage, its affiliates, officers, directors, employees, consultants, agents, representatives, and business partners due to someone else’s use of your account, User ID, or password.

TRIAL MEMBERSHIPS AND COUPONS

Vantage may offer promotional free or discounted trial memberships to the Site, in whole or in part.Trial membership is for first-time members only. Subscribers that sign up for a trial membership will be automatically renewed at the normal subscription rate at the end of the trial period. The day you sign up for a trial membership is the first day of the trial period. For example, if you sign up for a seven-day free trial membership on a Wednesday prior to 11:59PM EST/EDT, you have until the following Tuesday at 11:59PM EST/EDT to inform us you wish to cancel. Clients must inform Vantage via email, during the active term of the trial, to [email protected] that they intend to cancel their trial and not be billed the normal subscription rate when the trial concludes. Refunds will not be granted under any circumstances to those who request such cancellation after the free trial concludes.

Only one trial period is allowed per subscriber. Subsequent subscriptions do not qualify for trials. If you sign up for a trial for a second time, you waive the right to a trial, and Vantage reserves the right to immediately charge you for the amount of the subscription that you agreed to purchase, and Vantage shall provide the services purchased.

By subscribing to the Site, you agree that you will be responsible for all payments as specified in the offer, and you agree that Vantage may adjust the subscription pricing accordingly and as specified in the offer, promotional materials, or coupon, without further notice or other communication to you.

MULTIPLE LOGINS PROHIBITED

Regardless of account type, you are only permitted to log into your account from a single location at any given time. Multiple concurrent logins into the same account are strictly prohibited and are a material breach of these terms. Vantage may suspend or terminate your account immediately under such circumstances. Vantage limits the unique IP addresses accessing a subscribing account to three (3). If extenuating circumstances exist that warrant access by more than three IP addresses for your access to the Site, you must contact Vantage by email to [email protected] Unless a specific allowance has been made, any IP address after the third allowed IP address will not be permitted access to subscription services.

PRICING

All product pricing is subject to change at any time and without notice. Previously purchased subscriptions, will not be affected by price changes during the current subscription period.

NO REFUNDS

All paid accounts for the Site are required to be prepaid in advance for the period of time applicable to the particular account, and in no event will Vantage refund you any money that you have paid to Vantage, regardless of the reason for termination of your paid account. ALL RISK OF SATISFACTION WITH THE SITE IS WITH YOU, AND VANTAGE WILL HAVE NO LIABILITY OR OTHER RESPONSIBILITY WHATSOEVER FOR ANY DISSATISFACTION YOU MAY HAVE WITH VANTAGE OR THE SITE. IN DECIDING TO REGISTER FOR A PAID ACCOUNT, YOUACKNOWLEDGE THAT ANY AMOUNTS THAT YOU PAY TO VANTAGE FOR USE OF THE SITE ARE FINAL AND NON-REFUNDABLE, AND UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO HAVE RETURNED TO YOU ANY PORTION OF ANY AMOUNTS PAID TO USE THE SITE.

NO RESALE OR OTHER TRANSFER

You are not permitted to resell, rent, lease, loan, or otherwise transfer any paid account to any person or entity. When you no longer desire to continue paying for access to your account and the Site, you must notify Vantage in accordance with these terms, and your paid account will terminate on the last day for which you have prepaid.

CONSENT TO CHARGES/DEBITS

If your paid account requires regular, ongoing payments to Vantage, then as part of your registration you will be required to provide a method for making such payments. Payments for a paid account may be made by automatic credit card or check debit, and you hereby authorize Vantage or its designee to transact such payments on your behalf. Unless you have a good faith reason to believe the credit card (or other approved facility) you use to pay for your account is lost or stolen, you agree not to report that credit card (or other approved facility) as lost or stolen. Nor will you dispute any authorized charge by Vantage or its designee. You agree and acknowledge that, in addition to any liability you may face under applicable laws, it will be a breach of these terms for which Vantage may terminate your account and your ability to use the Site if you fraudulently report the credit card (or other approved facility) used to pay for your account as stolen, or if you fraudulently report that an authorized charge by Vantage or its designee is unauthorized. Further, to the extent Vantage suffers any damages as a result of such fraud, you may be liable to Vantage, which reserves the right to pursue any and all legal remedies available to it.

TERMINATION OF ACCOUNTS

If you desire to terminate your account and stop automatic renewals/payments, you must provide Vantage with written notice (which includes notice provided by email to [email protected]) that you wish to terminate your account. Once Vantage receives your written notice of termination, you will not be billed or charged for further access to the Site, and you will be permitted to continue use of the paid areas of the Site for the remainder of any time for which you have paid. IN NO EVENT WILL YOU BE ENTITLED TO ANY REFUND FROM VANTAGE FOR AMOUNTS PREVIOUSLY PAID. Upon expiration of the remaining days for which you have paid, your account will terminated.

Notwithstanding the foregoing, if Vantage terminates your account and access to the Site and the Services for any violation of these Terms or for any activities prohibited by these Terms, then your access to the Site and use of the Services will terminate immediately upon Vantage’s notice of termination to you,

Notwithstanding the foregoing, Vantage may terminate your account and use of the Site for any violation of these terms or for any activities prohibited by these terms, which termination will be effective immediately upon Vantage’s notice of termination to you, at which point you will neither receive continued access to the Site nor a refund of any payment for time that might otherwise have remained on your paid account.

LICENSE TO USE THE SITE AND CONTENT

Vantage may make certain data, information, content, software, web services, and other materials or property available to you from the Site. If you use, appropriate, or download any such material or property from the Site, the material, including all files and images contained in or generated by any software, and accompanying data, and all other works of authorship embodied in such materials (collectively, “Licensed Materials”) are deemed to be licensed to you by Vantage, for your personal, noncommercial, home use only. Vantage does not transfer either the title or the intellectual property rights to any Licensed Materials, and Vantage retains full and complete title to the Licensed Materials as well as all intellectual property rights therein. You may not copy, publicly display, rent, sell, redistribute, or reproduce the Licensed Materials, nor may you decompile, reverse engineer, disassemble, or otherwise convert any software included therein to a human-perceivable form. In no event will you offer the use of any Vantage service as a part of a service bureau, time-sharing, or other similar arrangement. All trademarks and logos are owned by Vantage or its licensors, and you may not copy or use them in any manner except as may be incidental to the proper exercise of your rights under these terms.

You acknowledge that the Site and the Licensed Materials constitute valuable and proprietary property of Vantage. If you want to use Licensed Materials or any aspect of the Site in any manner not expressly permitted by these terms, you must obtain Vantage’s prior written consent to any such use, which consent may be withheld by Vantage in its sole discretion, and which consent, if granted, may be conditioned on your payment of a fee for the desired rights.

All data and information you obtain or otherwise learn from the Site are proprietary to Vantage and may not be reproduced, distributed, displayed, or transmitted (except as may occur in connection with your permitted use of the Site) in whole or in part in any manner without the written prior consent of Vantage.

PURPOSE AND USE OF THE SITE

The Site is for entertainment only and is provided to you solely for your personal use. The Site is not to be used in direct or indirect violation of any local, state, federal, or international laws, rules, or regulations. You understand and agree that Vantage cannot provide you with any legal advice or assurances regarding your use of the Site, and it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Site. Use of the Site is at your sole option, discretion, and risk.

If you intend to use the Site for any purpose related to gambling or wagering money or items of value on the outcome(s) of sports games or contests, you acknowledge that Vantage provides no assurances whatsoever regarding the accuracy of the Site, especially regarding the effectiveness of information included in the Site as applied to such purpose. You acknowledge the significant risk for personal loss that may result from basing wagering decisions on information included in the Site, and you agree that you will not interpret information provided by the Site as a recommendation or encouragement by us for you to gamble or take part in any unlawful activities.

USER’S OBLIGATION TO ABIDE BY APPLICABLE LAW

In connection with the use of the Site, you shall abide by all applicable federal, state, or local laws, including those pertaining to such areas as gambling, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on the Site may include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic, and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

HYPERLINKING AND THIRD-PARTY WEBSITES

Vantage makes no representations whatsoever about any other website which may be accessed through this one. When you access a non-Vantage website, please understand that it is independent from Vantage, and that Vantage has no control over the content on that website, even if it provides information or services to the owner of that website. In addition, a link or referral to a web site does not mean that Vantage endorses or accepts any responsibility for the content or the use of such website. Vantage disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive or malware nature.

NO SERVICES, ENDORSEMENT, OR PROFESSIONAL CONSULTATION

There may be delays, omissions, or inaccuracies in information obtained through your use of the Site. The information on the Site is provided to you with the understanding that provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on the Site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, Vantage does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through the Site by Vantage, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Vantage does not grant any license or other authorization to you to use the Site in any manner if such use in whole or in part suggests that Vantage promotes or endorses a third party's causes, ideas, political campaigns, political views, web sites, products or services.

ACCESS TO THE SITE

Vantage may alter, suspend, or discontinue the Site and your access to use the Site at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user's systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair, or otherwise damage the user's systems, software, or data.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Vantage DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Vantage DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Vantage OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF Vantage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IT OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES,OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS SHARE IN ANY LIABILITY. TOTAL LIABILITY REMAINS OR DEVOLVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

INDEMNIFICATION

You hereby indemnify, defend, and hold harmless Vantage and all of its predecessors, successors, parents, subsidiaries, affiliates, coaches, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Vantage reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

VIOLATIONS OF THE TERMS OR OTHER RULES AND POLICIES

Vantage reserves the right to terminate your use of the Site immediately, with or without notice to you, and without liability to you, if Vantage believes that you have violated any of these terms, furnished Vantage with false or misleading information, or interfered with use of the Site by others. To ensure that Vantage provides a high-quality experience for you and for other users of the Site, you agree that Vantage or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, violations of these terms, or other unauthorized uses of the Site.

ENFORCEMENT OF TERMS AND CONDITIONS

This agreement is governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of Washington. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Washington in connection with any dispute or claim involving Vantage. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach of any provision of these terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. Any waiver of any provision of this agreement will be effective only if in writing and signed by an authorized representative of the waiving party.

Any controversy or claim arising out of or relating to these terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Vantage may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington, necessary to protect the rights or property of you or Vantage pending the completion of arbitration.

You acknowledge that the rights and obligations under these terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, Vantage shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any material used or displayed therein and agree to limit your claims to claims for monetary damages.

COPYRIGHT

All contents of Site are: Copyright © Vantage Sports Inc. All rights reserved.

PRIVACY

Your privacy is important to us. Please carefully review our privacy policy at http://vantagesports.com/privacy, which is incorporated by reference into these terms. Our privacy policy details the way we collect, use, and disclose information about you.

ENTIRE AGREEMENT

This agreement constitutes the entire agreement between Vantage and you with respect to the subject matter of this agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter.