Terms and Conditions of Web Site Use
Please read the following Terms and Conditions for using the Area 49 Sports LLC (henceforth “Area 49 Sports”) Web sites (the “Web site”). By using the Web site or the information and services available through the Web site, you agree to follow and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Web site.
Area 49 Sports owns the Web site and reserves the right, at its discretion, to modify these Terms and Conditions at any time and any such modification will be effective immediately upon posting the modification. You should check these Terms and Conditions periodically for modifications. If you use the Web site after we post modifications to the Web site, then you will be bound by such modifications.
These Terms are in addition to any other agreements between you and Area 49 Sports, including any customer or account agreements and any other agreements that govern your use of products, services, content, tools and information available on the Web site.
Use of the Web site
The Web site is intended only for your personal, non-commercial use and display. You may download information from the Web site to your computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.
No Recommendations or Advice Provided
Area 49 Sports provides customers with statistical information related to professional sports. Area 49 Sports does not make recommendations, guarantees or offer investment advice of any kind. All Area 49 Sports’ websites, data, information, and content are for entertainment purposes only. Area 49 Sports does not accept bets or wagers nor does Area 49 Sports place bets or wagers for its customers. Gambling, whether online or in person, sports-related gambling or otherwise, may be illegal in your jurisdiction. It is highly recommended that you check with your local or state government before partaking in gambling. Any use of this information in violation of any state, federal, or local laws is prohibited.
Area 49 Sports is not an agent, registered or otherwise, of any federal, state or local financial organization or institution. Area 49 Sports is not licensed or endorsed by any federal, state or local financial governing body. Area 49 Sports provides the content of the Web site for entertainment, information and noncommercial purposes only. Although Area 49 Sports may provide data, information and content relating to professional sports and sports-related activities, you should not construe any such information as investment, financial, tax, legal, suggestive or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the Web site before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold Area 49 Sports or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Web site.
Web Site Content
Area 49 Sports offers content from third-party providers on the Web site. This content includes professional sports team information, individual and team statistics, game schedules, point spreads, betting lines, news, and analyst opinions (the “content”). Area 49 Sports does not endorse or approve the content, and we make it available to you only as a service and convenience. Area 49 Sports and our third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the content or warrant any results from your use or reliance on the content. The content may quickly become unreliable for various reasons including, for example, changes in participants, whether individuals or teams, or changes in-game information, including but not limited to point spreads and economic circumstances. Neither Area 49 Sports nor the third-party providers are obligated to update any information or opinions contained in any of the content. Area 49 Sports may discontinue offering any content on the Web site at any time without notice. You agree that neither Area 49 Sports nor the third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the content on the Web site. You will not redistribute or facilitate the redistribution of any content, nor will you provide access to the content to anyone who is not authorized by Area 49 Sports to receive the content.
For any week in which the sum total of official selections against the spread of AREA 49 Sports (specified on the “Selection Summary”) concludes with an accuracy percentage UNDER 50%, a refund of that week’s purchase value will be refunded to the customer. Value will be determined by the purchase price of the package divided by the number of weeks remaining in the season, starting with the week the customer purchased the package. No additional refunds or cancellations will be offered and all sales are final.
This refund policy refers to the “AREA 49TM Deluxe Pro Football Package” ONLY.
Example: Client purchases package on Friday, September 28, 2012 (NFL Week 4). If the accuracy percentage for NFL Week 8 is less than 50%, the customer will receive the amount equal to the purchase price divided by 14 (Weeks 4-17 = 14 weeks).
Refunds will be distributed automatically once the customer has been notified. Refunds will be distributed via PayPal. Please allow 5-7 business days for processing.
All sales on the “AREA 49TM Standard Pro Football Package” are FINAL and NON-REFUNDABLE.
Area 49 Sports’ pro football picks operate on a scheduled “NFL Week” as defined by the National Football League schedule of games.
Area 49 Sports’ pro football packages include the following number of NFL weeks:
- Standard – 1 NFL week
- Deluxe – 17 NFL weeks
Number of weeks may vary depending upon purchase date. No discounts will be offered for packages receiving less than the number of weeks previously listed unless explicitly stated by Area 49 Sports.
Affiliations and Endorsements
Area 49 Sports, its websites, data, information, or content is not partnered, affiliated, associated with or endorsed by any professional sports league, teams of the respective leagues, or their respective players, participants, agents or employees, unless otherwise explicitly stated. All team names, logos, are registered trademarks of their respective teams.
Hyperlinking from the Web Site
In the event you use the hyperlinks included on the Web site to gain access to a World Wide Web site or Internet location or source of information on any company organization or person other than Area 49 Sports or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Area 49 Sports and agree that Area 49 Sports shall not be responsible for any information or other hyperlinks found at any such World Wide Web site or Internet location or source of information or for your use of such information. Area 49 Sports provides such links only as a convenience to you and has not tested any software or verified any information found at such sites. The fact that Area 49 Sports has provided a link to another site does not signify an endorsement of the site or its contents by Area 49 Sports. There are inherent risks in the use of any software or information found on the Internet and you acknowledge that you understand these risks before making any use of the Web site and the Internet.
In connection with your use of this Web site, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and Area 49 Sports or its representatives or agents. You acknowledge and consent to the recording, retention and use by Area 49 Sports (and its employees, representatives and agents) of all information and data that you input during your use of the Web site.
The Web site provides you Area 49 Sports e-mail addresses so that you may communicate electronically by sending an e-mail message to Area 49 Sports. All e-mail sent to and from Area 49 Sports will be received or otherwise recorded by the Area 49 Sports corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Web site may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information.
License and Web site Access
Area 49 Sports hereby grants you a limited, nonexclusive, non-transferable license to view, bookmark, download and print the pages within this Web site and the documents, graphics and media incorporated on those pages. You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, telephone lines and other material that you need to access this Web site. The pages within this Web site may be used solely for personal, entertainment, informational and noncommercial purposes. You may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, data, information, software, products or services obtained from this Web site, unless you have obtained the prior written permission of Area 49 Sports or you are using a service available through this Web site. Area 49 Sports reserves all rights not expressly granted herein; Area 49 Sports expressly reserves the right to monitor any and all use of this Web site.
Unless you have obtained Area 49 Sports’ prior written permission, you and any other users and Web sites, may not:
- Copy, modify or display Area 49 Sports’ name, logo, trademarks, text or graphic images in any way, except as set forth herein.
- Redeliver any of the pages, text, images or content of this Web site using “framing” technology;
- Modify or use the pages, text, images or content from this Web site for any other purpose-doing so is a violation of Area 49 Sports’ copyrights and other proprietary rights;
- Use devices (including software) that are designed to provide repeated automated access to this Web site, other than those made generally available by Area 49 Sports or probe, scan or test the vulnerability of any system or network related in any way to this Web site, without proper authorization. Area 49 Sports reserves the right to take all measures necessary to prevent such access, probing, scanning or testing, including denial or termination of service; and
- Include “AREA 49 SPORTS,” any Area 49 Sports trademark, any Area 49 Sports executive’s name or any variation of any of the foregoing, as a meta-tag, hidden textual element or any other indicator that may create an impression of affiliation, sponsorship or endorsement between any user and/or Web site and Area 49 Sports.
Trademarks and Copyrights
The following marks are the trademarks or registered trademarks of Area 49 Sports: Area 49.
Other Area 49 Sports graphics, logos, page headers and service names are trademarks of Area 49 Sports. Area 49 Sports’ trademarks may not be used in connection with any product or service that is not Area 49 Sports’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Area 49 Sports.
All other marks appearing on this Web site are the exclusive property of their respective owners.
All content on this Web site, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, is the property of Area 49 Sports or its content vendors and is protected by United States and international copyright laws.
The compilation of all content on this Web site is the exclusive property of Area 49 Sports or its content vendors and is protected by U.S. and international copyright laws. All software used on this Web site is the exclusive property of Area 49 Sports or its software suppliers and is protected by U.S. and international copyright laws and other laws.
Downloading Software and Files
If you download software or files from the Web site under these Terms and Conditions, the software-including any files or images incorporated in or generated by the software and data accompanying the software-and files (collectively, the “Files”) are licensed to you by Area 49 Sports solely for your personal, noncommercial use. However:
- Area 49 Sports does not transfer title to the Files to you;
- You own the medium on which the Files are recorded, but Area 49 Sports and its licensors retain full and complete title in and to the Files, including all intellectual property rights therein;
- You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Files to any other form whatsoever; and
- Software from this Web site is subject to U.S. export controls. Software from this Web site may not be downloaded or otherwise exported or re-exported outside the United States.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Web site. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.
Requirements for Hyperlinking to the Web Site
You may not hyperlink to this Web site unless you accept and comply with the following Hyperlinking requirements. You are granted a limited, revocable, nonexclusive right to create a hyperlink to this Web site provided you comply at all times with all of the following conditions:
- The hyperlink must resolve to Area 49 Sports’ portal page at www.area49sports.com.
- The text of the hyperlink on the linking Web site must include the terms “Area 49 Sports” or “area49sports.com,” or “www.area49sports.com” (you may not use any Area 49 Sports logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of Area 49 Sports);
- The hyperlink and surrounding context on the linking Web site must not falsely represent or suggest any relationship between the linking Web site and Area 49 Sports (including suggestions of affiliation, endorsement or sponsorship);
- The hyperlink and surrounding context on the linking Web site must not portray Area 49 Sports or its products or services in a false, misleading, derogatory or otherwise offensive manner;
- The hyperlink must deliver Area 49 Sports content outside of a framed environment and must maintain the integrity of the layout, content and look and feel of this Web site; and
- The hyperlink must deliver users directly to this Web site unaltered, unmodified and unadulterated in any way by the hyperlinking Web site.
Notwithstanding the foregoing, in no event may you maintain numerous or pervasive links to this Web site without the prior written permission of Area 49 Sports.
Termination, Suspension or Modification
The rights granted to you herein terminate immediately upon any violation by you of these Terms and Conditions. Area 49 Sports reserves the right to terminate, suspend or modify your access to the Web site at any time, without notice, for any reason whatsoever. You agree that Area 49 Sports shall not be liable to you or any third-party for any termination of your access to this Web site.
Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE Web site IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, Area 49 Sports EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE Web site AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE Web site, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Area 49 Sports MAKES NO WARRANTY THAT:
1. THE Web site WILL MEET YOUR REQUIREMENTS;
2. THE Web site WILL BE UNINTERRUPTED, TIMELY, SECURE or FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS or OTHER HARMFUL COMPONENTS;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Web site WILL BE ACCURATE OR RELIABLE;
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION or OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Web site WILL MEET YOUR EXPECTATIONS;
5. ANY ERRORS ON THE Web site WILL BE CORRECTED; AND
6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE Web site ARE CORRECT, ACCURATE or RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Web site IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
YOU AGREE THAT Area 49 Sports OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE Web site SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE or OTHER OCCURRENCES BEYOND THE CONTROL OF Area 49 Sports OR SUCH THIRD PARTIES.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM Area 49 Sports, FROM AN Area 49 Sports EMPLOYEE OR AGENT or THROUGH OR FROM THE Web site, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Area 49 Sports WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL or EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA or OTHER INTANGIBLE LOSSES (EVEN IF Area 49 Sports HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OF OR THE INABILITY TO USE THE Web site;
2. 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 Web site;
3. ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS or DATA DUE TO YOUR CONDUCT, INACTION or NEGLIGENCE;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Web site; OR
5. ANY OTHER MATTER RELATING TO THE Web site.
You agree to indemnify, defend and hold harmless Area 49 Sports, its affiliates and officers, directors, employees and agents of Area 49 Sports and its affiliates, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Web site.
Integration and Severability
If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions represent the entire agreement between Area 49 Sports and the user relating to the subject matter herein, except Area 49 Sports’ relationship with its customers is governed by the Area 49 Sports account agreements.
Applicable Law and Venue
Unless otherwise specified, Area 49 Sports controls and operates this Web site from our offices within the State of Maryland, United States of America. Area 49 Sports does not claim that materials in this Web site are appropriate or available for use in locations other than the United States. If you choose to access this Web site from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above. By visiting this Web site, you agree that the laws of the State of Maryland, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Area 49 Sports or its affiliates.