THIS AGREEMENT ("Agreement") DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE INSIDER'S PROGRAM ("Program") AS A SUBSCRIBER ("Subscriber"). By registering an account for the Program, 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 created an account. We may amend this Agreement, in whole or in part, at any time, by posting the amended terms and conditions on https://winnersandwhiners.com ("Website"). You understand that your continued use of the Program after a change has been posted constitutes acceptance of the amended terms and conditions.
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.
High value content is reserved for Program Subscribers ("Insider's Content"). This can be parts of articles, whole articles, publications, and other media as determined by us.
You may be required to register an account in order to access Insider's Content as part of the Program. Registration is subject to the terms and conditions set forth in this Agreement. When registering, you must provide us with true, accurate, current and complete information as prompted on the forms on the Website and you must maintain and promptly update such information to keep it true, accurate, current and complete.
Your access to Insider's Content is determined by the Access Pass you have purchased.
Free accounts will have limited access to Insider's Content. This is intended for you to evaluate the value of the content.
From time to time we may offer access to specific publications or other elements of Insider's Content for a fixed price. Purchasing a pass to this content provides indefinite access to the purchased content.
To obtain full access to Insider's Content, you must purchase a Full Access pass for the term of time you wish to have access. For the duration of the term, you will have unlimited access to all Insider's Content.
You can purchase an Access Pass by using your VISA debit or credit card, your MasterCard debit or credit card, your Discover card, American Express card ("bank card") or PayPal. You understand and agree that the Company will not transact any payment that is not in U.S. dollars. By completing and submitting the forms required on the Website to subscribe to the program, including but not limited to, the designation of a bank card for payment, you agree that the purchase price will be immediately charged to or withdrawn from the account associated with such card.
Refunds are only offered in the event the content was not accessed as determined by our server logs. At our sole discretion, we may offer store credit or exchanges.
It is your responsibility to maintain access to your account. In the event that you can no longer access your account, you must contact us immediately for assistance. We are not liable for any time you did not have access prior to contacting us about the problem.
If you discover any errors or have any problems with or related to the Service, you should first contact us here.
You will choose a password and account email login upon registering. You are responsible for maintaining the confidentiality of your password and account email login, and are fully responsible for all activities that occur under your password or account email login. You agree to immediately notify the Company of any unauthorized use of your password or account email login or any other breach of security. Notwithstanding anything in this Agreement, the Company is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled "Registration."
Access to and use of Password protected and/or secure areas of the Website is restricted to authorized users only. You are responsible for maintaining the security of your password and not permitting any other person access through the use of your password. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
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.
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.