Welcome to JustTheStatsSports.com website (the “Site“) one of the network of interactive websites and services provided by JTSS Data, LLC. (“JTSS“). These JustTheStatsSports.com Site Subscription Terms of Use (“Site Terms“) govern your use of this Site, websites and their applications, products and services offered by JTSS Data, LLC or its affiliates that include a link to the Terms (collectively, the “Services“).
These Site Terms are effective as of the Effective Date above and the other Terms referenced above are effective as of the effective date provided within each document posted on the Services. If you have not reviewed any of the Terms, including, these Site Terms applicable to the Services since the Effective Date, please review them carefully before using the Services. We may change the Terms, including these Site Terms, in the future, so we encourage you to review periodically the Terms, including these Site Terms, applicable to the Services you use. The most current version of the applicable Terms (along with its effective date), including these Site Terms, will be linked from each of the Services. Accordingly, you agree that we may notify you of the then applicable Terms by posting them on the Services (or in any other reasonable manner of notice which we elect). If you do not agree with any changes to any of the Terms, including these Site Terms, your sole remedy is to discontinue use of the Services. If you continue to use the Services after we change these Terms, including these Site Terms, your continued use constitutes your acceptance to all changes.
Certain Services are provided to you free-of-charge, while other Services, including, without limitation, the JTSS Membership (the “Pro Membership“) require payment before you can access them. If you choose to subscribe to the Pro Membership, please review the provisions of the ‘Pro Membership’ Section below, in addition to all of the other provisions of the Terms, including these Site Terms. If you are not a subscriber of the Pro Membership, then the Pro Membership Section does not apply to you. References to Services throughout the Terms include the Pro Membership. Your use of the JustTheStatsSports.com Site, the Services (including, without limitation, the Pro Membership) and the Content are also subject to your compliance with all applicable laws and regulations. If you do not agree to any of the terms and conditions in this agreement, you should not use the JustTheStatsSports.com Site, the Services, or the Content.
The JustTheStatsSports.com Site currently provides users with various features and services, including statistical review, contests, handicapper picks, articles, photo galleries, video, message boards and rankings and other interactive and non- interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of JTSS Data, LLC. In some instances, both the Terms, including these Site Terms, and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the JustTheStatsSports.com Site, or to a service or product offered via the JustTheStatsSports.com Site (in each such instance, and collectively, “Additional Terms“). To the extent there is a conflict between the Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
JTSS Data, LLC assumes no responsibility in connection with your use of the JustTheStatsSports.com Site, the Services, or the Content. The JusttheStatsSports.com Site, the Services (including, without limitation, the Pro Membership), and the Content are provided for your non-commercial entertainment and enjoyment. You may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of JTSS Data, LLC, which permission may be withheld at JTSS Data, LLC’s sole discretion.
ENTERTAINMENT PURPOSES ONLY
THE JUSTTHEDATASPORTS.COM SITE, THE SERVICES AND THE CONTENT ARE BEING PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND ARE NOT INTENDED TO BE USED FOR ANY FORM OF GAMBLING OR WAGERING. Any gaming features that we make available on the Services, including fantasy game features, are provided exclusively for entertainment purposes. In addition, you are prohibited from gambling or wagering on the result of any gaming features provided on or through the Services, or from using the Services to gamble or wager on the result of any game. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Services, with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of this Agreement.
DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE JUSTTHESTATSSPORTS.COM SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP), THE CONTENT AND ANY MESSAGE (DEFINED BELOW) IS AT YOUR SOLE RISK. THE JUSTTHESTATSSPORTS.COM SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) AND THE CONTENT (INCLUDING ANY MESSAGE) ARE PROVIDED ON AN “AS IS” AND “AVAILABLE” BASIS. JTSS DATA, LLC 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, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
2. JTSS DATA, LLC MAKES NO WARRANTY THAT THE JUSTTHESTATSSPORTS.COM SITE, SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) OR THE CONTENT (INCLUDING ANY MESSAGE): (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE JUSTTHESTATSSPORTS.COM SITE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JUSTTHESTATSSPORTS.COM SITE OR THE SERVICES [INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP AND CONTENT (INCLUDING ANY MESSAGE)] IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE JUSTTHESTATSSPORTS.COM SITE OR THROUGH OR FROM THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) OR THE CONTENT (INCLUDING ANY MESSAGE) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND JTSS DATA, LLC SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCORRECT INFORMATION OR FOR ANY LOSSES YOU INCUR FROM YOUR USE OF THE CONTENT (INCLUDING ANY MESSAGE) PROVIDED ON THE SERVICES.
5. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
USER MESSAGES
With respect to any messages, information, data, graphics, photographs, images, creative ideas, statistics, advice, predictions, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the JustTheStatsSports.com Site and/or in connection with any of the Services (each, a “Message“), you are, by transmitting or uploading such Message, granting JTSS Data, LLC a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose, in any form and via any media now known or later developed. This license is granted automatically and no payment of any kind will be due to you. At times, JTSS Data, LLC may solicit Messages from users. Your provision of any such Messages in response to a solicitation by JTSS Data, LLC shall be subject to a grant of a license to JTSS Data, LLC as specified above. When users post Messages to the JustTheStatsSports.com Site or any of the Services, JTSS Data, LLC shall have the right, but not the obligation, to review, edit or delete any such Messages for any reason, at JTSS Data, LLC sole and exclusive discretion. It is JTSS Data, LLC’s policy to fully cooperate with law enforcement authorities and court orders which request or require JTSS Data, LLC to disclose personal information or the postings of anyone posting Messages to the JustTheStatsSports.com Site or any of the Services, in accordance with the Terms. Although JTSS Data, LLC may monitor and/or review Messages from time to time, it is under no obligation to do so and does not assume any liability or responsibility with respect to any Messages including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
You acknowledge and agree that JTSS Data, LLC may preserve Messages and may also disclose Messages 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 the Terms, including the Site Terms; (c) respond to claims that any Message violates the rights of third-parties; or (d) protect the rights, property, or personal safety of JTSS Data, LLC, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
THE PRO MEMBERSHIP SUBSCRIPTION TERMS
These Site Terms contain additional provisions that apply if you subscribe to the Pro Membership.
The Pro Membership requires payment before you can access it. If you choose to subscribe to the Pro Membership, please review this Section. References to Services throughout the Terms include the Pro Membership.
1. To subscribe to the Pro Membership, you will first need to be a registered user of the JustTheStatsSports.com Site. Once registered you may access the subscription page of the Pro Membership found at https://justthestatssports.com/user/subscription. When you provide payment information, as part of your subscription you represent and warrant that the information you provide is accurate, that you are authorized to use the Payment Method (as defined below) provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit/debit cards. Subject to compliance with the terms and conditions set forth in the Terms, including the Site Terms, during the term of your Pro Membership subscription, a user who has purchased and paid for a Pro Membership subscription will have a limited, revocable, non-transferable and non-exclusive personal license
for a user’s personal access to view the subscription Content via up to four (4) unique devices owned by the user; provided, however, that the subscription Content may only be viewed by one (1) of the user’s designated devices at any one time. User will use their username and password to access the Pro Membership subscription Content.
2. User shall: (a) be responsible for the security and/or use of his/her username and password; (b) not disclose that information to any person or entity; (c) not permit any other person or entity to use his/her username or password; and (d) use his/her Pro Membership subscription in accordance with the terms and conditions of the Terms, including the Site Terms. JTSS Data, LLC reserves the right to deny, suspend or revoke access to the Pro Membership Content, in whole or in part, if JTSS Data, LLC believes a user is in breach of the Terms, including the Site Terms, or is otherwise using or accessing the Pro Membership Content in a manner inconsistent with the terms and conditions of this Site Terms. Users acknowledge and agree that JTSS Data, LLC is providing access to and use of the Content to multiple customers and those services are non-exclusive and non-transferable by user. You can access and edit specific details regarding your subscription to the Pro Membership, including information concerning your credit card or other available payment method (“Payment Method“), on the JustTheStatsSports.com Site at any time by clicking on your name, which appears at the top of each page of the site when you are logged in, and clicking the “My Account” link in the drop-down menu that will appear.
3. Users must be 18 years of age (or the applicable age of majority in the jurisdiction where you reside) or over in order to subscribe to the Pro Membership. By subscribing to a Pro Membership, you acknowledge that you are 18 years of age (or the applicable age of majority in the jurisdiction where you reside) or over and that by using the Pro Membership, you may be exposed to Content that you find objectionable. It is your sole responsibility to determine whether the Content in the Pro Membership is suitable for you.
4. AUTOMATIC RENEWAL BILLING TERMS: By providing Payment Method information for your Pro Membership subscription, you are agreeing to pay a subscription fee, that will automatically renew and be charged to your Payment Method at the then current rate unless you unsubscribe as specified herein, and any applicable taxes and service fees (“Fees“) in connection with your use of the Pro Membership. The Fees will be charged to your Payment Method automatically at the beginning of your subscription period, and at the beginning of each renewal subscription period thereafter on the calendar day corresponding to the commencement of your current subscription period unless you cancel your subscription or your account or the Pro Membership is suspended or terminated pursuant to the Terms, including the Site Terms. The renewal subscription period will be the same length as your initial subscription period unless otherwise disclosed to you at the time of sale. The rate for the renewal subscription period will be the then current subscription-rate. Please note that in connection with monthly subscriptions, if applicable, if your subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, JTSS Data, LLC will charge your Payment Method on approximately the last day of such month. For example, if you started your subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from subscription period to subscription period due to changes in your subscription plan or applicable taxes, and you authorize JTSS Data, LLC to charge your Payment Method for these amounts. JTSS Data, LLC reserves the right to change the pricing of subscription to the Pro Membership at any time. In the event of a price change, JTSS Data, LLC will post the new pricing in the JustTheStatsSports.com Site and attempt to notify you in advance by sending an email to the address you registered with (or subsequently changed) for your account. You agree that by providing you with notice through an electronic communication from us and via all agreements, notices, disclosures, and other communications that we provide to you electronically, JTSS Data, LLC satisfies any legal requirement that such communications be in writing. If you do not wish to accept a price change, you may cancel your Pro Membership subscription as described below, otherwise you will be deemed to have consented to the price change and authorize JTSS Data, LLC to charge the new Fees to your Payment Method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify JTSS Data, LLC within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES. IF YOU ACCESS THE SERVICES VIA A WIRELESS DEVICE, YOU MAY BE CHARGED MESSAGE AND/OR DATA RATES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF YOUR SERVICE AGREEMENT WITH YOUR WIRELESS CARRIER. YOU SHOULD CONTACT YOUR WIRELESS CARRIER FOR POSSIBLE CHARGES RELATING TO YOUR USE OF THE SERVICES.
5. As described further below, even if you cancel your subscription to the Pro Membership during a subscription period, you will not receive a refund for any portion of the Fees for the remainder of the current subscription period. In rare circumstances, we may provide a credit, discount, or other consideration to some or all of our subscribers (“Credits“). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
6. You can cancel your subscription to the Pro Membership at any time by deleting your JustTheStatsSports.com account. If you cancel your subscription, the cancellation will go into effect at the end of the then- current subscription period. You will have continued access to the Pro Membership for the remainder of your then-current paid subscription period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your then-current subscription before it renews for the next subscription period to avoid paying the Fees for the next subscription period. You acknowledge and agree that cancellation of your subscription is your sole recourse if you have any dissatisfaction, issue or concern related to the Pro Membership, its Content or features or these Site Terms, including Fees, applicable taxes, or billing methods; the selection of Content available to you through the Pro Membership; these Site Terms, or any changes thereto; or any other of the Pro Membership policies or practices.
7. We will attempt to process payment using your Payment Method for the next subscription period. Such payments are not for a past due debt. If your Payment Method is declined and we are unable to process your payment for your next subscription period, (1) you authorize JTSS Data, LLC to continue charging your Payment Method, as your Payment Method information may be updated as described above; and (2) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your subscription period renewal. Upon the expiration or termination of these Site Terms for any reason, user’s access to, and use of, the subscription Content will terminate.
8. From time to time, promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, subject to certain restrictions as determined by JTSS Data, LLC, in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply. Any promotional codes obtained through unlawful or unauthorized means shall be deemed null and void.
9. JTSS Data, LLC reserves the right to update and change the Pro Membership, including its features and the selection of Content available in the Pro Membership, at any time. In addition, JTSS Data, LLC reserves the right to test various aspects of the Pro Membership. JTSS Data, LLC reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. In the event of material changes to the Pro Membership JTSS Data, LLC will post notice in the JustTheStatsSports.com Site. 10. As part of the Pro Membership, JTSS Data, LLC may send you emails regarding the Content or the Pro Membership from time to time. You agree that JTSS Data, LLC may send you these types of emails to thes email address that you provided when registering. Because these emails are necessary for you to receive the Pro Membership, you agree that you will receive these emails even if you have opted out of receiving other email from JTSS Data, LLC. If you do not want to receive these types of emails, you may cancel your subscription to the Pro Membership at any time as provided in these Site Terms.