| |
Terms of Use
Terms of Use for Quantitative Sports Advisors Website Welcome to
Quantitative Sports Advisors. The information on this site belongs to
us, and we are not responsible for how you use the information. The
following terms and conditions apply to your use of this Website,
including access to the Services (as defined below) and Content (as
defined below) available through the Website. Please read these terms
and conditions carefully before using the Website, accessing the Content
and/or using the Services. By using the Website, the Services, or the
Content, you are consenting to the terms and conditions in this terms of
service agreement as they apply to you and your usage and access. Your
use of the Website, the Content, and the Services is also subject to all
applicable laws and regulations. The content on this site is not
intended to violate any local, state or federal laws and should be used
for entertainment and informational purposes only. If you do not agree
to any of the terms of service in this agreement (the "TOS"), you should
not use the Website, the Services, or the Content. Your use of the
Website, the Content, and the Services is also governed by our Privacy
Policy, which is available through a link on our homepage as well as
most of the other pages on the Website.
1. TERMS OF SERVICE
Quantitative Sports Advisors provides the Website, the Content, and the
Services to you subject to the following Terms of Service ("TOS"). The
TOS may be updated by us from time to time without notice to you. We
suggest that from time to time you review the TOS for possible changes.
In addition, when using any Services or accessing any Content, you will
be subject to any posted guidelines or rules applicable to such Services
or Content. All such additional guidelines or rules are hereby
incorporated by reference into the TOS.
2. SERVICES AND CONTENT
Quantitative Sports Advisors currently provides users with information
that may be updated, deleted, or otherwise modified from time to time at
the discretion of Quantitative Sports Advisors. In addition,
Quantitative Sports Advisors provides access to certain photographs,
text, images, statistics, logos, and other media and intellectual
property related to or otherwise associated with Quantitative Sports
Advisors. Unless stated otherwise, the Website, the Services, and the
Content are subject to the TOS. You understand and agree that the
Website, the Services, and the Content are provided "AS IS" and that
Quantitative Sports Advisors assumes no responsibility in connection
with your use of the Website, the Services, or the Content. The Website,
the Services, and the Content are provided for your non-commercial
entertainment and enjoyment. Under the TOS, you may download certain
Content and Services available on the Website to a single personal
computing device for your use and entertainment. However, you may not
distribute, modify, republish, or publicly display any of the Content or
Services unless you have the prior written permission of Quantitative
Sports Advisors, which permission may be withheld at Quantitative Sports
Advisors' sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you
must obtain access to the internet and pay any service fees associated
with such access. In addition, you must provide all equipment necessary
to make such connection to the internet, including a computer and modem
or other access device.
4. BACKGROUND INFORMATION
In order to use the Services, you may be required to register with
Quantitative Sports Advisors by providing certain information about
yourself, including your name and e-mail address. In consideration of
your use of the Services, you agree to provide true, accurate, current
and complete information about yourself as requested in connection with
the provision of and/or registration for any of the Services, subject,
of course, to all applicable laws. If you provide any information that
is untrue, inaccurate, not current, or incomplete, or Quantitative
Sports Advisors has reasonable grounds to suspect that such information
is untrue, inaccurate, not current, or incomplete, Quantitative Sports
Advisors has the right to suspend or terminate your password and/or
refuse any and all current or future use of the Services.
5. ACCESS BY MINORS
You must be at least 18 years old or older to purchase access or view
content on this website. You agree to provide correct and accurate
information concerning your age in connection with the registration for
any Services, subject, of course, to all applicable laws.
6. PRIVACY POLICY
All information collected about you during registration for use of the
Services will be used in accordance with our Privacy Policy and all
applicable laws.
7. MEMBER PASSWORD AND SECURITY
You will receive a password upon completing the registration process for
use of the Services. You are responsible for maintaining the
confidentiality of the password, and are fully responsible for all
activities that occur under your password. Quantitative Sports Advisors
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 7. Quantitative Sports Advisors has
the right to terminate your username/password at anytime without notice
or refund, if it is determined that you have violated any terms of our
TOS. Reasons for termination may include, but are not limited to,
attempting or initiating a chargeback or bounced check, posting our paid
content on public forums and/or in emails, sharing your
username/password with others, etc...
8. MEMBER CONDUCT
You agree that in connection with your use of the Website, the Services,
and the Content you will not:
a. interfere with or disrupt the Website, the Services, the Content or
servers or networks connected to the Website, the Services or the
Content, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website, the Services and/or
the Content;
b. intentionally or unintentionally violate any applicable local, state,
national or international law.
9. INDEMNITY
You agree to indemnify, defend and hold harmless Quantitative Sports
Advisors, the directors, governors, owners, other officials, partners,
partnerships, principals, employees, affiliates and other related
entities, servants, agents, representatives, successors and assigns from
and against any claim or demand, including reasonable attorneys' fees,
arising out of your use of the Website or the Services, your connection
to the Website or the Services, your violation of the TOS, or your
violation of any rights of another.
10. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
Quantitative Sports Advisors reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the
Website or Services, or any part thereof, with or without notice.
11. TERMINATION
You agree that Quantitative Sports Advisors, in its sole discretion, may
terminate your password or use of the Website and/or the Services, for
any reason, including, without limitation, for lack of use or if
Quantitative Sports Advisors believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Quantitative Sports
Advisors may also in its sole discretion and at any time discontinue
providing the Website or the Services, or any part thereof, with or
without notice. You agree that any termination of your access to the
Services under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that Quantitative Sports Advisors may
immediately deactivate or delete your password and all related
information and/or files corresponding to your password and/or bar any
further access to such files or the Services.
12. QUANTITATIVE SPORTS ADVISORS ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in
promotions of, advertisers and vendors found on or through the Services
or the Website, 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
advertiser and/or vendor. You agree that Quantitative Sports Advisors
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers or vendors on the Website or in connection
with the Services. All of your business dealings with vendors and
advertisers appearing on the Website or in connection with the Services
shall be at your sole risk.
13. LINKING
The Website and/or Services may provide, or third parties may provide,
links to other Websites or resources. Because Quantitative Sports
Advisors has no control over such sites and resources, you acknowledge
and agree that Quantitative Sports Advisors is not responsible for the
availability of such external sites or resources, and do not endorse and
are not responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources. You
further acknowledge and agree that Quantitative Sports Advisors shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such site or resource.
14. PROPRIETARY RIGHTS
Services and Content are the property of Quantitative Sports Advisors
and are licensed to Quantitative Sports Advisors and may not be
reproduced without the prior written consent of Quantitative Sports
Advisors. You further acknowledge and agree that (i) any necessary
software used in connection with the Website, the Services, and the
Content (the "Software") contains proprietary and confidential
information that is protected by applicable intellectual property and
other laws and are either owned by or licensed to Quantitative Sports
Advisors; and (ii) content contained in sponsor advertisements or
information presented to you through the Website, the Services, and the
Content or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Quantitative Sports Advisors or advertisers, you agree not
to reproduce, republish, upload, post, transmit, distribute, copy,
publicly display or otherwise use any Content or any derivative works
based on the Website, Services, Content or the Software, in whole or in
part. You agree not to modify the Software in any manner or form, or to
use modified versions of the Software, including, without limitation,
for the purpose of obtaining unauthorized access to the Services. You
agree not to access the Services by any means other than through the
interface that is provided by Quantitative Sports Advisors for use in
accessing the Services.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE
RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. QUANTITATIVE SPORTS ADVISORS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. QUANTITATIVE SPORTS ADVISORS MAKES NO WARRANTY THAT (i) THE WEBSITE,
SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE,
THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE
WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE
CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
OPERATING ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUANTITATIVE SPORTS ADVISORS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF QUANTITATIVE SPORTS ADVISORS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE
SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER
MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND
16 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The Website
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Services.
19. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such frame contains
any sponsorship, advertising, or other commercial text or graphics. All
links to the Website must be to www.qsa-sports.com, the Website home
page. "Deep Linking" to internal pages of the Website is expressly
prohibited.
20. NO REFUND POLICY (ALL SALES ARE FINAL)
All sales are final. After your successful purchase, you will receive
the goods you ordered. Should there be a billing or account mistake on
your membership, we will compensate by adding the proper amount of days
onto your membership length. Currently, we only sell memberships, which
include information and opinions. Your membership begins the day you
sign up. We do not offer refunds of any sort, and we do not share in any
profits made by you, nor will be liable for any losses incurred from our
advice. Our service only provides information and does not accept actual
sports wagers. This website and it's content is offered for
entertainment and information purposes only, and should not be used to
violate any local, state or federal laws.
21. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and Quantitative
Sports Advisors and governs your use of the Website, the Services, and
access to the Content, superseding any prior agreements between you and
Quantitative Sports Advisors. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and Quantitative Sports Advisors shall be
governed by the laws of the state of Illinois without regard to its
conflict of law provisions. You and Quantitative Sports Advisors agree
to submit to the personal and exclusive jurisdiction of the courts
located within the state of Illinois. The failure of Quantitative Sports
Advisors to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Services or the TOS must
be filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
|
|