THIS AGREEMENT ("Agreement") DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE WINNERSANDWHINERS.COM ("Website") WEBSITE AND THE SERVICES AVAILABLE THEREON ("Services"). By accessing the Website, you indicate that you agree to be bound by the terms and conditions of this Agreement. As used in this Agreement, the terms "Winners and Whiners", "Company", "we", "our" or "us" refer to SPORTS DATA CAPITAL FUND, LLC and its designated affiliates and service providers, and the terms "you" and "your" refer to any person or entity who uses the Website or Services. We may amend this Agreement, in whole or in part, at any time, by posting the amended terms and conditions on the Website. You understand that your continued use of the Website after a change has been posted constitutes acceptance of the amended terms and conditions.
All data and information contained on or within the Website cannot be rebroadcast, reproduced or retransmitted in whole or in part in any matter - either in print form or electronically via the Internet, included but not limited to other Internet sites, newsgroups, posting boards, and forums, etc., - without our written consent.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE COMPANY OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
THE COMPANY AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE WEBSITE AND SERVICES TO YOU "AS IS" AND "AS AVAILABLE." THE COMPANY AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH SERVICES ARE PROVIDED OR REQUESTED THROUGH THE WEBSITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE WEBSITE OR SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE WEBSITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE WEBSITE OR SERVICES.
You shall indemnify, defend and hold harmless the Company, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Website or Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.
The content and all intellectual property pertaining the Website and Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by the Company or third parties, and all right, title and interest therein and thereto shall remain the property of the Company and/or such other third parties. The Website and Services may be used only for the purposes permitted by this Agreement or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the Website, Services or any portion thereof for any public or commercial use without the express written permission of the Company. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name Winners and Whiners and other names and indicia of ownership of the Company's products and/or services referenced on this site are the exclusive marks of the Company. Other product, service and company names appearing on the site may be trademarks of their respective owners.
The Website and Services are directed to persons age 18 and over. The Website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You represent that your use of the Website and Services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws of each jurisdiction directly or indirectly impacted by your access to and/or use of the Website and Services including, without limitation, the laws of your country of residence and the laws of the country in which the Services will ultimately be received. Each time you access the Website and/or use the Services, you represent and warrant to the Company that such access and/or use is: (i) entirely legal for you and the Company both in your country of residence and in any country directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement.
For privacy reasons, our staff use professional sobriquets. No association with any real person with the same or similar name is intended or should be inferred.
We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.
This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and the Company and supersedes and terminates all prior agreements or understandings you may have with the Company.
We have the right to assign this Agreement to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable.
Any action related to the Website or Services will be governed by Maryland law without regard to its conflict of laws principles. All disputes relating to the Website or Services will be adjudicated in the State or Federal courts located in Baltimore, Maryland.