Introduction and Acceptance of Terms
Welcome to themoneyballer.com. This Terms of Service Agreement (hereinafter referred to as the “Agreement”) constitutes a legally binding contract between you, the user, either an individual or a single entity (hereinafter referred to as “You” or “User”), and MoneyBaller Sports Analytics Inc., the owner and operator of themoneyballer.com (hereinafter referred to as “Company,” “we,” “us,” or “our”).
By accessing or using any part of the website themoneyballer.com, including but not limited to all subdomains, any affiliated websites, mobile applications, and any of our services (collectively, the “Website”), You acknowledge that You have read, comprehended, and agreed to be bound by the terms and conditions set forth in this Agreement. If You are accepting these terms on behalf of a company or other legal entity, You represent and warrant that You have full authority to bind said entity to these terms.
If You do not agree with the terms outlined in this Agreement or are dissatisfied with the Website, Your sole and exclusive remedy is to discontinue using themoneyballer.com. Your continued use of the Website will signify Your acceptance of the Agreement as amended from time to time.
Please note that we reserve the right to change, modify, add or remove portions of these terms at any time, without prior notification. It is Your responsibility to check these Terms of Service periodically for changes. The current version of the Agreement will always be posted on our Website. Your continued use of the Website following the posting of changes will mean that You accept and agree to the amendments.
The Website provides a comprehensive platform offering detailed sports analytics and betting insights. It is designed to provide users with data, information, and resources that may assist them in making informed decisions. However, we do not provide gambling services, and the Website is not a gambling platform. The Website’s content is intended for informational and entertainment purposes only.
By using the Website, You affirm that You are at least the age of majority in your state or province of residence, or that You are the age of majority in your state or province of residence and You have given us Your consent to allow any of Your minor dependents to use this site. You further represent that You possess the legal authority to enter into agreements and to form contracts under applicable law.
This Website may include content owned or licensed by third parties, advertisements, links to third-party websites, and the like. Your use of any such third-party content may be subject to additional terms and conditions provided by the respective third parties. We are not responsible for and do not endorse any third-party content or services.
By accessing and using themoneyballer.com, You agree to comply with all applicable federal, state, local, and international laws and regulations with respect to Your use of the Website and its services. Furthermore, if You are accessing the Website from a jurisdiction outside of the United States, You agree to comply with all local laws regarding online conduct and acceptable content.
Eligibility and User Representation
To access or use the Website, You must be legally capable of entering into a binding contract. You must affirm that You are of legal age to form a binding contract in Your jurisdiction and are not a person barred from receiving services under the laws of Your jurisdiction or other applicable jurisdiction.
You must ensure that Your use of themoneyballer.com and any betting insights provided complies with all laws and regulations applicable to You. It is Your sole responsibility to understand and comply with any laws or regulations applicable in Your jurisdiction, including those related to online betting, gaming, or wagering. The Company does not provide any advice or confirmation that the use of the Website or the information provided is lawful in Your jurisdiction.
Users represent and warrant that all information provided during registration, and at all other times, will be true, accurate, current, and complete. Users also agree to ensure that this information is kept accurate and up-to-date at all times.
You are solely responsible for ensuring that Your use of the Website does not contravene any applicable law or regulation. You will refrain from using the Website in any jurisdiction where its use is prohibited or restricted. The Company will not be held liable for any user’s illegal use of the Website.
[The following sections of this Terms of Service Agreement continue with User Responsibilities and Account Management, Intellectual Property Rights, and further provisions relevant to the use of themoneyballer.com.]
Minimum Age Requirement
Access to and use of themoneyballer.com and its services are intended solely for individuals who are of the legal age of majority in the jurisdiction from which the website is accessed. To be eligible to create an account and participate in our services, you must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher. By using the Website, you represent and warrant that you meet this age requirement and that you are fully able and competent to comprehend, agree to, and comply with this Agreement.
We take the enforcement of age limits very seriously. Therefore, we may, at our sole discretion, require proof of age at any time to verify that minors are not using our service. Any account found to be registered by a minor will be terminated immediately and any winnings, if applicable, may be forfeited. We reserve the right to report any such activity to the relevant authorities.
Accuracy and Completeness of User Information
In establishing an account with themoneyballer.com, you agree to provide accurate, current, and complete information about yourself during the registration process, and to maintain and promptly update any such information to keep it accurate, current, and complete. This includes but is not limited to your full legal name, address, date of birth, email address, and any other information requested in order to complete the registration process or at any time thereafter.
If any information provided by you is found to be false, inaccurate, outdated, or incomplete, we retain the right to suspend or terminate your account and refuse any current or future use of the Website or any portion thereof. The provision of false information may also result in the immediate forfeiture of any winnings or the return of any amounts wagered.
Moreover, users who have been suspended or previously banned from using our services may not register for another account, nor may you allow other individuals to use your account on the Website. In such cases where we discover that a banned user has created a new account, we will terminate that account immediately and reserve the right to take further legal action.
Compliance with Local Laws and Regulations
As a user of themoneyballer.com, you are obliged to comply with all applicable laws, rules, and regulations pertaining to your use of our services. It is your sole responsibility to understand and adhere to any laws relevant to sports betting or online gambling in your jurisdiction. These laws may include age restrictions, licensing requirements, or the legality of participating in betting activities.
You must not use our Website in any jurisdiction where it is illegal to do so. You hereby represent and warrant that the bets you place on the Website are not unlawful and that you will not use the Website in any way as a money transfer system. You will not use the Website for any unlawful or fraudulent activity or prohibited transaction under the laws of any jurisdiction that applies to you.
If your jurisdiction prohibits you from participating in sports betting or similar activities, or if you are uncertain about the legality of such activities in your location, you must not register for an account on themoneyballer.com or otherwise place bets through the Website. It is your responsibility to ensure that your use of our Website and services does not constitute a violation of any laws pertaining to betting or gaming in your jurisdiction.
In addition to adhering to the local laws related to sports betting and gaming, you must also ensure that you have the right to engage in any interactions or transactions with themoneyballer.com, including the submission of personal information and the conduct of financial transactions. If you are found to be in violation of your local laws regarding sports betting or online gambling, your account may be terminated without notice and any funds present in the account may be subject to forfeiture.
The Company will not provide advice or assurance that your use of themoneyballer.com’s services aligns with the legal framework of your jurisdiction; therefore, you should obtain independent legal advice regarding the legality of your participation in any betting or gambling activities on our Website. By agreeing to these terms, you indemnify MoneyBaller Sports Analytics Inc. and its affiliates against any legal claims, losses, damages, or expenses that may result from unlawful betting or gambling activities in which you may partake using our Website or services.
Acknowledgment of Terms
By registering an account and participating in the services offered by themoneyballer.com, you confirm that you have read, understood, and accepted the entirety of the Terms of Service Agreement, including this section on Eligibility and User Representation. This acknowledgment constitutes part of your binding agreement with MoneyBaller Sports Analytics Inc. and forms the basis of your ongoing use of the Website and its services.
By engaging with themoneyballer.com, you further affirm that you will regularly review these Terms of Service, along with any updates or modifications that may be made to them. The continuous usage of the Website after such modifications will constitute your acceptance of the changes and your agreement to be bound by the revised terms.
It is our expectation that you will take your responsibilities under this agreement seriously. Your commitment to these terms is essential to maintain the integrity and legality of the interactions on our platform. As a member of the themoneyballer.com community, you contribute to the responsible and compliant environment that we strive to uphold for all users.
User Responsibilities and Account Management
Account Confidentiality
As a user of themoneyballer.com, maintaining the confidentiality of your account information is paramount. You are solely responsible for safeguarding the confidentiality of your account, including usernames, passwords, and any other piece of information that forms part of the security of your account. You acknowledge that it is crucial to keep such information secure to prevent unauthorized access and use of your themoneyballer.com account.
You shall take all necessary steps to ensure that your account information remains confidential. This includes, but is not limited to, creating strong passwords that combine letters, numbers, and symbols, and changing your password regularly. You must not disclose this information to any third party. In circumstances where you feel your account information has been compromised, you are responsible for immediately notifying themoneyballer.com’s customer service team to facilitate swift protective action.
Any activities that occur under your account will be presumed to have been carried out by you unless proven otherwise. As a result, you may be held liable for losses or damages incurred by themoneyballer.com or any third party due to someone else using your account or password. themoneyballer.com is not responsible for any loss that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by themoneyballer.com or another party due to such use.
Prohibition of Account Sharing
Your account on themoneyballer.com is intended for your personal use only and is not transferable. You must not share, sell, transfer, or allow any other individual to use your account, nor may you use anyone else’s account at any time. The sharing of accounts is a direct violation of the Terms of Service and can lead to immediate suspension or termination. We have implemented this policy to protect our users and maintain the integrity of our services. Allowing others to use your account can result in unauthorized access to sensitive personal information and potential misuse of the website.
Reporting Unauthorized Use
In the event that you suspect or become aware of any unauthorized use of your account or any other breach of security, you must immediately notify themoneyballer.com. Our team is dedicated to providing a prompt and thorough investigation into any such report to ensure the continued security of your account as well as the website at large. Upon notification, you may be requested to provide additional information to assist themoneyballer.com in its investigation and resolution of the issue.
Suspension and Termination of Accounts
themoneyballer.com maintains a stringent policy regarding the use of its services, and violation of the Terms of Service, including but not limited to the responsibilities concerning your account, may result in corrective action. This action may include the temporary suspension or permanent termination of your account. Grounds for such suspension or termination may include:
- Evidence of account sharing or transfer without permission
- Use of the account for purposes that violate the Terms of Service or the law
- Fraudulent or deceptive activities associated with the account
- Failure to keep account information secure
- Allowing unauthorized persons to access or use the account
- Repeatedly infringing on the intellectual property rights of the website or other users
- Engaging in behavior that harms other users or impedes the operation of the website
- Any other violations as deemed by themoneyballer.com in its sole discretion
If we suspend or terminate your account, you may be prevented from accessing any related information or files in your account, and we may also prohibit your use of our services in the future. In cases of termination, we also reserve the right to delete your account and any associated data without any liability to you.
When an account is suspended or terminated, the user may be informed of the reasons for this action and the potential steps, if any, that can be taken to restore access to the account. This communication, however, is at the discretion of themoneyballer.com and may not be offered in every instance, particularly where further violation is a concern.
To ensure a seamless experience on themoneyballer.com, it is your duty to understand and adhere to these terms, and to conduct yourself in a manner that is in keeping with responsible account management practices. The security of your account plays a crucial role in protecting your personal information and ensuring that our platform remains a trusted environment for all users.
Following this section, the Terms of Service will outline the intellectual property rights inherent to themoneyballer.com and the parameters around the use of the content and proprietary information made available through the website.
Intellectual Property Rights
The content and services provided on themoneyballer.com, as well as the underlying intellectual property, are among the most valuable assets of the site and are protected by copyright, trademark, trade secret, patent, and other intellectual property laws. By using the services offered by themoneyballer.com, you acknowledge and agree that the website and its content are the exclusive property of themoneyballer.com and its licensors.
Copyrights The website and its content, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of these items, are owned by themoneyballer.com and are protected by international copyright laws. The arrangement and compilation of all content on this site are the exclusive property of themoneyballer.com and are likewise protected by international copyright laws.
You are granted a limited, non-sublicensable license to access and use the website and electronically copy (except where prohibited without a license) and print to paper portions of the website content for the sole purpose of using the website’s services for personal, non-commercial use. Any other use of website content, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from any material, information, software, products or services obtained from the website, or use of the website for purposes competitive to themoneyballer.com, is expressly prohibited.
Trademarks The trademarks, logos, service marks, and trade names displayed on themoneyballer.com or in connection with the services provided by themoneyballer.com are registered and unregistered trademarks of themoneyballer.com and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders and that may cause customer confusion or which may disparage or discredit themoneyballer.com. All trademarks not owned by themoneyballer.com that appear on the website or on or through the website’s services, if any, are the property of their respective owners.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of themoneyballer.com or the third party that may own the applicable trademark.
Patents Portions of themoneyballer.com, including its processes, technologies, and tools, may be protected by patent and are subject to proprietary rights and laws. Use of these technologies must comply with such patents and other property rights and is limited to personal use within the scope provided by themoneyballer.com.
Trade Secrets themoneyballer.com may own trade secrets and proprietary know-how that contribute to the functionality and user experience of its website. These are confidential and constitute proprietary rights that may not be used, disclosed, or made accessible to any third parties except under a confidentiality agreement with themoneyballer.com.
Protection of Intellectual Property Rights Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on themoneyballer.com, in whole or in part, is strictly prohibited. Users are prohibited from decompiling, disassembling, reverse engineering, or otherwise attempting to discover any source code or underlying ideas or algorithms of the content or any products or services offered on the website, except to the limited extent that applicable laws specifically prohibit such restriction. Users are further prohibited from using any robot, spider, other automatic device, or manual process to monitor or copy any content from the website.
User-Generated Content themoneyballer.com may allow you to post content, including messages, reviews, photos, videos, questions, comments, suggestions, or other content. You retain ownership of any intellectual property rights that you hold in that content. However, by submitting content to themoneyballer.com, you hereby grant themoneyballer.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works of, or otherwise exploit such content on, through, or by means of the site.
If you believe that any content or postings on themoneyballer.com violates your intellectual property or other rights, please follow our DMCA Policy as detailed on the website, which provides information on how to contact themoneyballer.com for such matters.
By adhering to these Intellectual Property Rights terms, you contribute to the ongoing innovation and creativity that themoneyballer.com strives to provide to its user base. Your cooperation ensures that the website can continue to deliver the high-quality sports analytics and betting insights that our users have come to expect. Respect for these terms is not just a legal requirement but also part of a commitment to upholding the integrity and excellence of the themoneyballer.com community.
Disclaimer of Warranties
The information, services, products, claims, and materials on themoneyballer.com, including without limitation, texts, graphics, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, themoneyballer.com disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
In detail, themoneyballer.com does not represent or warrant that the content of its website is accurate, complete, reliable, current, or error-free. The site content has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in the site. themoneyballer.com makes no commitment to update the information or materials on this website which, as a result, may be out of date. Neither themoneyballer.com, nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free.
No agent or representative has the authority to create any warranty regarding the website on behalf of themoneyballer.com. Themoneyballer.com reserves the right to change or discontinue at any time any aspect or feature of the website.
Exclusion of Warranties
themoneyballer.com hereby expressly disclaims any warranty:
- That the service will meet your requirements.
- That the service will be uninterrupted, timely, secure, or error-free.
- Regarding the results that may be obtained from the use of the service, the accuracy or reliability of any information obtained through the service, or that defects in the service will be corrected.
- That the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations or be free from mistakes, errors, or defects.
This site may include technical mistakes, inaccuracies, or typographical errors. themoneyballer.com may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and themoneyballer.com makes no commitment to update such materials or services.
Sports analytics and betting insights represent estimations and anticipated outcomes based on certain data and statistical analysis. They are not guarantees or reliable indicators of future performance. As such, reliance on any information or data provided on themoneyballer.com, the results achieved from such information, or the availability of any services through the website, should be undertaken at the user’s own discretion and risk. Users are encouraged to consult with professional advisors for advice tailored to their specific betting or investment strategies.
Limitation of Liability
themoneyballer.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this website. In no event shall themoneyballer.com, its licensors, service providers, content providers, employees, agents, officers, and directors be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, this website or the content, materials, and functions related thereto, including, without limitation, loss of revenue, anticipated profits, business, savings, goodwill, or data, even if themoneyballer.com or such individual has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, themoneyballer.com’s liability is limited to the greatest extent permitted by law.
This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of themoneyballer.com.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
User Acknowledgement
By using this website, you acknowledge that your use of the site and any information you rely on is at your own risk. You agree to assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site. themoneyballer.com shall not be liable for any damages of any kind related to your use of the website.
Limitation of Liability
To the fullest extent permitted by law, themoneyballer.com, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (hereinafter collectively referred to as “themoneyballer.com parties”) expressly limit their liability for damages or losses that you or any third party may incur in connection with the use of, or the inability to use, the website and its services, regardless of the nature of the claim or the form of action, whether in contract, tort (including negligence), warranty, strict liability, or any other legal or equitable theory.
Specifically, the themoneyballer.com parties shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind arising out of or in any way related to the use of or the inability to use themoneyballer.com’s services, or from any communications, interactions, or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the themoneyballer.com parties have been informed of the possibility of such damage.
These excluded damages include, but are not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, interruption of business, personal injury, negligence, financial loss from betting activities based on analytics and insights from the site, unauthorized access to or alteration of your transmissions or data, the cost of procurement of substitute goods and services, damages related to downloading or posting content, or any similar damages whether based on warranty, contract, tort, negligence (including strict liability), or any other legal theory, even if the themoneyballer.com parties or any other party has been advised of the possibility of these damages.
The limitations of damages set forth herein are fundamental elements of the basis of the bargain between themoneyballer.com and you. The services and information presented through themoneyballer.com would not be provided without such limitations. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, themoneyballer.com’s liability is limited to the extent permitted by law.
Additionally, the themoneyballer.com parties shall not be responsible for any damage, injury, or loss caused by or related to your reliance on any information provided by themoneyballer.com. It is understood that sports analytics and betting insights are subject to various interpretations and the themoneyballer.com parties do not guarantee the success or accuracy of any insights provided through the services. You acknowledge and agree that any material downloaded or otherwise obtained through the use of themoneyballer.com’s 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 or use of any such material.
Moreover, themoneyballer.com assumes no liability or responsibility for any:
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service.
- Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
- Any interruption or cessation of transmission to or from the service.
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service.
Further, themoneyballer.com shall not be liable for any defamatory, offensive, or illegal conduct of any user of the site. The risk of harm or damage from the foregoing rests entirely with you. Themoneyballer.com will not be liable for the acts, omissions, or defaults of any third-party service providers, partners, or associates who assist in providing services to you.
The aggregate liability of themoneyballer.com parties to you for all claims arising from or related to the website or services provided or made available through themoneyballer.com, in contract, tort, or otherwise, is limited to the greater of the amount you have paid to themoneyballer.com for access to and use of the services in the twelve (12) months prior to the claim or one hundred dollars ($100).
Your only right with respect to any dissatisfaction with this website or services or with themoneyballer.com shall be to terminate the use of the website and services. You agree that themoneyballer.com has no other obligation, liability, or responsibility to you or any other party. This limitation of relief is a part of the bargain between the parties and has been factored into the fee, if any, charged by themoneyballer.com to you.
User Acknowledgement:
By continuing to access or use themoneyballer.com’s services, you agree that you have read, understood, and accepted the provisions of this Limitation of Liability clause. You acknowledge that it is fair and reasonable in the context of the nature of themoneyballer.com’s services and the terms upon which they are provided to you.
Next Section: User Conduct and Prohibited Activities
In this part of the agreement, acceptable user behavior is defined, and activities that are considered a breach of the agreement are listed. This includes misuse of the service, fraudulent activities, and any other behavior that could damage the reputation or functionality of the site.
User Conduct and Prohibited Activities
In order to ensure a secure, fair, and enjoyable experience for all users of themoneyballer.com, certain conduct is required, and conversely, certain activities are strictly prohibited. Users of themoneyballer.com must adhere to the standards of conduct as described in this agreement, and refrain from engaging in any prohibited activities as delineated below.
1. Automated Systems and Unauthorized Access
Users are prohibited from employing any automated systems, including but not limited to “robots,” “spiders,” or “offline readers,” that access themoneyballer.com in a manner that sends more request messages to the themoneyballer.com servers in a given period than a human can reasonably produce in the same period using a conventional web browser. Notwithstanding the foregoing, themoneyballer.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of (and solely to the extent necessary for) creating publicly available searchable indices of the materials. Themoneyballer.com reserves the right to revoke these exceptions, either generally or in specific cases. Users agree not to collect or harvest any personally identifiable information from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes.
2. Unauthorized Use and Fraud
The use of themoneyballer.com to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity is strictly forbidden. Engaging in fraudulent activities such as, but not limited to, unauthorized use of credit cards, charge-backs, betting fraud, or attempting to defraud or mislead other users or themoneyballer.com is cause for immediate account suspension or termination.
3. Malicious Content and Interaction
It is strictly prohibited for users to upload, post, email, transmit, or otherwise make available any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, users must not engage in the transmission of worms, viruses, spyware, malware, or any other malicious code. The intention to disrupt, damage, limit, or interfere with the proper functioning of the website, to surreptitiously intercept, or expropriate any system, data, personal information, or to derive the source code of the software underlying the website is forbidden.
4. Harmful or Unlawful Content
Users must refrain from posting or transmitting through themoneyballer.com any content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, or racially, ethnically, or otherwise objectionable. Posting adult content or explicit adult material unless such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and posting, commenting, or otherwise disseminating any material that exploits minors in any way is absolutely prohibited.
5. Unauthorized Advertising and Promotion
Engaging in advertising to, or solicitation of, other users to buy or sell any products or services through the site without their prior explicit consent is prohibited. Posting advertisements or solicitations of business in areas of the themoneyballer.com not designated for such purposes is not allowed. Users must also refrain from using themoneyballer.com as a forwarding service to another website.
6. Interference with Site Integrity
It is strictly forbidden for any user to engage in any action that imposes, or may impose, an unreasonable or disproportionately large load on themoneyballer.com’s infrastructure, or to interfere or attempt to interfere with the proper working of the website or any activities conducted on the website. This includes any attempts to breach security mechanisms or to test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization.
7. Infringing Behavior
The act of using the website to infringe on the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or other proprietary rights, is expressly prohibited. Users must respect the intellectual property rights of themoneyballer.com and third parties.
8. Site Performance and Integrity
Actions that manipulate the site’s performance or the integrity of the ratings system, such as using multiple accounts, colluding with other users, or anything else that might compromise the feedback or ratings systems, are strictly prohibited. These actions can dilute the trust and integrity themoneyballer.com aims to foster within its community.
9. Unlawful Activity
Users shall not use themoneyballer.com to conduct any unlawful activities or to further illegal activities. This includes, but is not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
10. Harm to Minors
Engaging in any activity that harms minors or that interacts with or targets people under the age of majority is not permitted on the website. This includes any form of child exploitation or harm.
Enforcement of User Conduct and Prohibited Activities
Themoneyballer.com reserves the right, but not the obligation, to monitor areas of the website electronically and may at any discretion use law enforcement authorities to prosecute users who violate the provisions of this clause. Themoneyballer.com has the right to release information about users who violate the terms of the User Conduct and Prohibited Activities section to law enforcement authorities at their discretion.
Violations of system or network security may result in civil or criminal liability. Themoneyballer.com will investigate occurrences that may
Termination of Use
themoneyballer.com places great value on the integrity and security of its platform and community. In line with this commitment, there are definitive circumstances and conditions under which themoneyballer.com reserves the right to terminate or suspend a user’s access to its services. This termination of use could be the result of a breach of the Terms of Service, prohibited conduct, or other justified reasons deemed significant by themoneyballer.com. This section outlines the conditions, procedures for termination, and any rights a user may have to appeal such decisions.
Conditions for Termination
themoneyballer.com may terminate a user’s access to the services, including any subscription services, under the following conditions:
- Breach of Terms: If a user violates any aspect of the Terms of Service, themoneyballer.com may terminate their access to the service. This includes, but is not limited to, unauthorized use of the website, intellectual property infringement, fraudulent activities, or providing false information during registration.
- Prohibited Conduct: Engaging in any conduct categorized as prohibited in the User Conduct section can lead to immediate termination. This includes illegal activities, harassment, exploitation of minors, unauthorized automated access, and malicious interference with the service’s operation.
- Illegal Activity: If a user’s conduct on the site is unlawful or promotes illegal activities, or if continued use of the service by the individual is unlawful, termination is warranted.
- Security Risks: When a user’s activity poses a security risk to themoneyballer.com, other users, or compromises the overall security of the website, their account may be terminated. This includes attempts to hack the service, distribute malware, or any actions that threaten the confidentiality, integrity, or availability of the website.
- Non-payment: For subscription-based services, failure to pay the required fees in a timely manner can result in account suspension or termination.
- Inactive Accounts: If an account remains inactive for an extended period, as defined by themoneyballer.com’s internal policies, it may be subject to termination.
Procedure for Termination
The process for the termination of a user’s account is as follows:
- Notice of Breach: Upon determining that a user has breached the Terms of Service, themoneyballer.com will typically issue a warning or notice of breach to the user, providing an opportunity to address and rectify the violation within a specified timeframe.
- Suspension of Service: If the violation continues beyond the notice period, or if the initial breach is severe enough, themoneyballer.com may suspend the user’s access to the service temporarily.
- Account Termination: Should the issue remain unresolved, or in cases of egregious breaches, themoneyballer.com reserves the right to terminate the user’s account without further notice.
- Data Retention: After account termination, themoneyballer.com may retain certain user data as required by law or for legitimate business purposes, but the user will no longer have access to their account or any associated services.
- Finality of Decision: Decisions regarding the suspension or termination of an account are generally considered final. However, themoneyballer.com may, at its discretion, review and reconsider the decision upon a formal appeal by the user.
Right to Appeal
Users have the right to appeal the termination of their account. The process for appeal is as follows:
- Submission of Appeal: Users wishing to appeal the termination must submit a formal written appeal to themoneyballer.com within thirty (30) days of their account being terminated. This appeal should include any relevant information or context that the user believes should be considered.
- Review Process: Upon receiving the appeal, themoneyballer.com will review the case, the initial reasons for termination, and any new information provided by the user. This process will be carried out by an impartial review team not involved in the original termination decision.
- Notification of Outcome: After reviewing the appeal, themoneyballer.com will notify the user of the outcome. If the appeal is successful, steps will be taken to restore access to the service. If the appeal is denied, the termination decision remains in effect.
- No Further Appeals: The outcome of the appeal process is final, and no further appeals will be considered.
It is important for users to recognize that while themoneyballer.com provides a right to appeal, the process is a privilege and not an entitlement. Furthermore, submitting an appeal does not guarantee any specific outcome nor reinstatement of services. The decision to terminate access to the service is a serious one, and themoneyballer.com is committed to ensuring that such decisions are made judiciously and in fairness to the community and the integrity of the platform.
In cases where termination is a result of illegal activities or poses a significant risk to themoneyballer.com or its users, themoneyballer.com may forgo the standard termination procedure and immediately terminate an account without notice or the possibility of appeal.
Users should be aware that the enforcement of the Terms of Service is meant to protect the community, uphold the law, and maintain the quality and safety of the services provided by themoneyballer.com. Cooperation with these terms ensures a better experience for all users and allows for the ongoing provision of high-quality sports analytics and betting insights.
Severance and Effect of Termination
Upon termination of a user’s account, the obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are severable, and if any provision is determined to be invalid or unenforceable, such determination will not affect the validity and enforceability of any other remaining provisions. Termination of the user’s access to the service does not affect any of the user’s outstanding obligations, including but not limited to, the responsibility to pay for services or any other indemnities as stipulated in the agreement.
Dispute Resolution
At themoneyballer.com, we strive to offer a transparent, fair, and accessible dispute resolution process. This Dispute Resolution clause outlines the steps users and themoneyballer.com should follow when a dispute arises in connection with the use of our website or services. The goal of this process is to provide a mechanism for resolving conflicts in an efficient, fair, and cost-effective manner.
Notice of Dispute
A dispute is any disagreement between the user and themoneyballer.com. Before initiating any formal dispute resolution process, the party alleging the grievance must first send a written Notice of Dispute to the other party. This notice should clearly articulate the nature of the dispute, the outcome desired, and the action believed to resolve the issue. The recipient of the Notice of Dispute must respond in writing within thirty (30) calendar days. This period allows both parties the opportunity to resolve the dispute informally before engaging in more formal proceedings.
Mandatory Arbitration
In the event that the dispute cannot be resolved informally, both the user and themoneyballer.com agree to submit to binding arbitration. This means that both parties waive their right to a trial by jury and agree to resolve their dispute through the arbitration process.
Arbitration shall be conducted by a neutral arbitrator, appointed in accordance with the rules of the American Arbitration Association (AAA) or another established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall follow the procedural rules established by the selected arbitration service, except where those rules conflict with the terms of this agreement.
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Terms of Service agreement, including but not limited to any claim that all or any part of this Terms of Service is void or voidable.
Conduct of Arbitration
The arbitration proceeding shall be held in the English language and shall take place in the jurisdiction where themoneyballer.com is headquartered, unless another location is mutually agreed upon by both parties. All documents and information disclosed in the course of arbitration shall be kept strictly confidential by the arbitrator and all parties involved.
Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the rules of the arbitration service. However, themoneyballer.com may offer to pay the user’s filing fees in an effort to encourage the dispute to be resolved through arbitration.
The arbitrator’s award shall be final and binding on the parties and may include any relief that would have been available in a court under law or in equity. The prevailing party in any arbitration will be entitled to recover expenses including, but not limited to, attorneys’ fees and costs incurred.
Exceptions to Mandatory Arbitration
Certain disputes are excluded from mandatory arbitration. Disputes related to the enforcement or validity of themoneyballer.com’s intellectual property rights are not subject to arbitration and may, as an exception to this Dispute Resolution section, be brought in a court of competent jurisdiction.
Furthermore, both parties retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, bypassing the need for arbitration.
Governing Law
All disputes arising out of or relating to this Terms of Service agreement, or the breach thereof, shall be governed by and construed in accordance with the laws of the state in which themoneyballer.com is headquartered, excluding any conflict of law provisions.
Jurisdiction for Legal Actions
Any legal action or proceeding relating to or arising out of this Terms of Service agreement or any disputes hereunder, which is not subject to arbitration, shall be instituted in the federal or state courts of the jurisdiction in which themoneyballer.com is headquartered. By using the services provided by themoneyballer.com, users consent to any such legal action or proceeding being brought in such courts and waive any objection to the venue being inappropriate or inconvenient.
Equitable Relief
Notwithstanding the foregoing, either party may seek immediate injunctive relief from any court of competent jurisdiction in the event of a breach of this agreement that may cause irreparable harm or where such breach would allow the breaching party to avoid the consequences of arbitration under this section.
Waiver of Class Action Rights
By agreeing to these terms, users waive any right to assert any claims against themoneyballer.com as a representative or member in any class or representative action or proceeding. Unless both the user and themoneyballer.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Dispute Resolution Provision
If themoneyballer.com makes any future change to this Dispute Resolution provision, other than a change to themoneyballer.com’s address for Notice of Dispute, users may reject the change by sending us written notice within 30 days of the change to themoneyballer.com’s address for Notice of Dispute, in which case your account with themoneyballer.com will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
Enforceability
If any portion of this Dispute Resolution section is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from these terms; (2) severance of the unenforceable provision shall have no impact whatsoever on the remainder of the Dispute Resolution section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Dispute Resolution section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
As we navigate to the final elements of the Terms of Service, it is vital to understand that the presence of standard contract provisions is crucial to ensure clarity and mutual understanding between themoneyballer.com and its users. These provisions typically include topics such as the severability of terms, waiver, amendment of the agreement, and the complete understanding between the parties.
General Provisions
Entire Agreement This Terms of Service Agreement (“Agreement”) constitutes the entire agreement between the user (“you”) and themoneyballer.com (“we”, “us”, or “our”) and governs the use of the website. It supersedes any prior agreements or understandings, whether written or oral, between you and themoneyballer.com regarding the subject matter hereof. No other agreements, promises, representations, or understandings shall be valid or enforceable unless specifically included within this Agreement.
Amendments to the Agreement We reserve the right to amend, update, or change any portion of this Agreement at any time and in our sole discretion. All amendments will take effect immediately upon their posting on themoneyballer.com or at such later date as may be specified in the updated Agreement. Continued use of the website following the posting of changes will mean that you accept and agree to the changes. As such, you are advised to check this Agreement periodically for updates by referring to the date of the last modification noted at the top of this Agreement.
Should you disagree with any changes made to this Agreement, your sole remedy is to cease use of themoneyballer.com and terminate your account. By continuing to use themoneyballer.com after such modifications are made, you acknowledge and agree to be bound by the modified Agreement.
If we make any changes to the dispute resolution provisions outlined earlier, such changes will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on themoneyballer.com.
Notification Procedures We may provide notifications to you as required by law or for marketing or other purposes via email to the primary email address associated with your themoneyballer.com account, hard copy, or posting of such notice on our website. It is your responsibility to keep your email address current. Themoneyballer.com is not responsible for any automatic filtering you or your network provider may apply to email notifications. We recommend that you add @themoneyballer.com emails to your email address book to help ensure you receive email notifications from us.
Waivers Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The waiver by either party of any breach or default shall not constitute a waiver of any subsequent breach or default.
Severability If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intent as closely as possible. The remaining provisions of the Agreement will continue in full force and effect. In the event that such modification is not possible, the provision shall be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
Assignment You may not assign or delegate any rights or obligations under this Agreement without our prior written consent, and any unauthorized assignment and delegation by you is void and ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, themoneyballer.com for any third party that assumes our rights and obligations under this Agreement.
Force Majeure Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Feedback We encourage users to provide feedback, comments, and suggestions for improvements to the website (“Feedback”). You may submit Feedback by emailing us at contact@themoneyballer.com You acknowledge and agree that all Feedback will be the sole and exclusive property of themoneyballer.com and you hereby irrevocably assign to themoneyballer.com and agree to irrevocably assign to themoneyballer.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright, moral rights, and other intellectual property rights therein. At themoneyballer.com’s request and expense, you will execute documents and take such further acts as themoneyballer.com may reasonably request to assist themoneyballer.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Headings and Interpretation The headings and titles of the sections in this Agreement are for convenience only and have no legal or contractual effect. References to “including” will be deemed to mean “including without limitation,” and references to the website include all URLs, redirects, and subdomains thereof. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the party drafting an agreement or causing any agreement to be drafted.
Contact Information Should you have any questions regarding this Agreement, you may contact us at contact@themoneyballer.com.
Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of themoneyballer.com or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Indemnification You agree to indemnify and hold harmless themoneyballer.com, its parents, subsidiaries, affiliates, customers, vendors, officers, and employees from any liability, damage, or costs from (i) violation of this Agreement, (ii) use of the themoneyballer.com site, (iii) a breach of any of the representations and warranties contained herein, or (iv) any intellectual property or other third party rights and expect the same in return.
Survival The obligations in the sections including, but not limited to, User Responsibilities, Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, and this General Provisions, along with any other limitation on liability explicitly set forth herein and your indemnity obligations shall not be affected or mitigated by the termination or the expiration of the terms for any reason and shall survive the duration of your use of themoneyballer.com.
In formulating these General Provisions, we have aimed to create a comprehensive foundation to maintain the integrity and enforceability of our Agreement with you. We hope that our mutual understanding of the rights, responsibilities, and conduct expected on themoneyballer.com will enhance your user experience and contribute to the community we have built around sports analytics and betting insights. Please ensure that you read and understand these terms as they are essential to your use of our services.