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TERMS OF SERVICE

Last Modified August 26, 2019

 

The website https://www.profootballdoc.com/ (“Site”) is provided by Injury AI Inc., (“Injury AI,” “we,” “us,” “Company,” or “our”) to provide any services offered via the Site (collectively, the “Services”) (“User,” “Users” “you” or “your”). These Services include injury analysis in the form of written content updates, live video, and injury status for football teams.

THE INFORMATION YOU RECEIVE AND MANAGE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING INJURIES AND ANALYSIS REGARDING THE SAME, IS PROVIDED SOLELY AS A CONVENIENCE TO YOU. INJURY AI TAKES NO RESPONSIBILITY FOR THE ACCURACY OR USEFULNESS OF THE INFORMATION YOU RECEIVE, AND YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE INFORMATION. YOU ACKNOWLEDGE THAT A GREATER DEGREE OF RESPONSIBILITY ON THE PART OF COMPANY WOULD REQUIRE SUBSTANTIALLY INCREASED FEES, AND YOU AGREE TO ACCEPT THE RESPONSIBILITY DESCRIBED IN THIS AGREEMENT.

We may post additional usage and conduct rules regarding the Services at the site. You are required to abide by those rules as if set forth in full in this Agreement.

1. Our Services and Process

1.1. Our Services consist of injury analysis in the form of written content updates, live video, and injury status for football teams.

1.2. Our Services may also include the ability to be sent notifications and ask questions regarding the above.

2. Restrictions on Use

2.1. By entering into this Agreement, you agree that you will not use the Services for any purpose prohibited by applicable laws, rules, or regulations.

2.2. We grant to you a non-transferable, non-exclusive and revocable license to use the Site and Services on your device (“Device”) according to the terms and conditions set forth in this Agreement. Except as expressly granted by this Agreement or otherwise by us or our licensors in writing, you acquire no right, title or license in the Site, Services, or any data, software, content, application or materials accessed from or incorporated in the Site or Services. This Agreement does not give you any rights to any updates or upgrades to the Site or Services or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the Site or Services developed by us or our suppliers or licensors at any time in the future. We may provide Updates and/or support in our absolute discretion. We are not required to maintain legacy versions of the Site or Services. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the Site or Services.

When you use the Services we will collect certain information about your use of the Services other than data that is personal information under Our Privacy Policy (defined below) (“Usage Data”). You grant to Company a non-exclusive, perpetual, fully-assignable, fully paid-up, royalty-free, and worldwide license to use, reproduce, modify, create derivative works, create compilations, publish, share, sell, distribute, display and transmit Usage Data. Upon your request, we will delete your user account, but we will retain Usage Data in an anonymized fashion that does not allow the use of any of your personally identifiable Usage Data. Other personal information that does not qualify as Usage Data shall be governed by the provisions of Company’s Privacy Policy.

3. Registration. In order to use certain features of the Services, you may be required register for the Services.

3.1. To register for the Services, you must be 18 years or older, and you must provide the information requested (which may include such items as your legal full name, a valid email address for you, a valid phone number for you, and other information, and which may be collected through a third-party service, and you hereby authorize us to collect such data) (the “Registration Data”), and you must be a human – sorry robots. You may not share your login information with anyone. The information we obtain through your use of the Services, including your Registration Data, is subject to our policy regarding privacy (“Privacy Policy”), which is available at https://www.profootballdoc.com/privacy. We operate the Services under the Privacy Policy which is hereby incorporated into this Agreement. Each party shall comply with the Privacy Policy.

3.2. You agree not to use the account, username or password of another user at any time or to do anything else that might jeopardize the security of your or another user’s account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account without refund and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.

3.3. You will be responsible for maintaining the security of your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account and any of your uses or misuses of your account.

4. Usage Rules and License Restrictions

4.1. You may not use the Services for any purpose other than as set forth in this Agreement. While we are not responsible for the things you do and say while using the Services, if your use of the Services does not conform to the purposes of the Services, we may take action to prevent your misuse of the Services, including suspending your account or terminating your use of the Services completely. We do not accept responsibility for any misuse of the Services.

4.2. In addition to governing yourself in accordance with the usage rules, you also agree to the following license restrictions. You agree: (a) to use the Services solely for the purposes set forth in this Agreement; (b) to not duplicate, copy or distribute the Site or Services, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Site or Services or make the Site or Services available to any third party; (e) to not use the Site or Services for any fraudulent, unlawful or illegal activity, or in any way that could harm the Site or Services or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the Site or Services or disassemble, decompile or reverse engineer any part of the Site or Services, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not engage in any harassment, illegal discrimination, or any other offensive or illegal behavior; (h) to not work around any technical limitations in the Site or Services; and (i) to preserve all copyright and other proprietary rights notices on the Site or Services and all copies thereof.

5. Security

The information that the Site or Services collects may be stored locally on your Device and may be transmitted to our servers in other countries where we or our service providers operate. The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the Site or Services.

6. Term and Termination

Your license to use the Site or Services is effective until we terminate it. In addition, your rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. We reserve the right to suspend, discontinue, enhance, update or otherwise modify the Site or Services, or its availability to you, at any time without notice. Upon termination of the license to the Site or Services, you will cease all use of the Site or Services.

7. Payment for Services. We may make the Services available in both free and paid versions through the Sites and Platform or otherwise. We reserve the sole right to either modify or discontinue the Services or features that might be available through a free or paid model, at any time with or without notice to you. Any modified or new features that we may choose to make available to you shall also be subject to these Terms of Service.

7.1. Paid Services: The Paid Services provide features that may or may not be available in the free version of our Services. Unless otherwise agreed in writing, the Paid Services will be governed by the following terms. For Paid Services, you we reserve the right to increase a Service’s fees or institute new charges at any time. Service fees are due in advance of access to the paid features and are typically offered in annual increments or by a specific sporting period season. Paid Services do not automatically renew at this time. All subscription fees are earned in full when paid and are not refundable. Subscription fees are exclusive of all taxes, levies, or duties imposed by taxing authorities for which you shall be solely responsible to pay. We will not issue refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for un-used time with an open account. In order to treat everyone equally, no exceptions to this practice will be made. You may cancel your membership at any time by contacting our support team, including through email at support@profootballdoc.com, and requesting cancellation or by using the appropriate feature within your account. Accordingly, you agree that the subscription fee will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card or other mutually agreeable payment method you used in your most recent transaction with us. Cancellations must be received at least thirty (30) days prior to the next billing cycle to avoid additional monthly charges.

8. Payments: You are responsible for paying all fees and applicable taxes created by subscribing to the Paid Services in a timely manner with a valid payment method.

8.1. You may receive invoices and make payments in any manner agreed upon with Injury AI. If you have elected to make automatic payments via credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method”) for all charges to your accounts with Injury AI, then you hereby authorize Injury AI to charge your Payment Method for the fees incurred. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method and you also authorize our third party payment processor to receive, collect and store your Payment Method information, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.

8.2. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) Injury AI may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) we reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account. You agree to submit any disputes regarding any charge to your account in writing to Injury AI within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

8.3. Unpaid fees are subject to a finance charge of one percent (1.5%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. Fees under this Agreement are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. You agree to pay such taxes (excluding US taxes based on Injury AI’s net income) unless you have provided Injury AI with a valid exemption certificate. Notwithstanding anything to the contrary, in addition to any other remedy available, Injury AI may restrict or suspend your access to the Site or Services upon five (5) business days notice if payment is not made when due.

9. Credit Card Authorization and Payment

We use a third-party credit card processor to store and process credit card transactions. By entering into this Agreement, you authorize us to charge your credit card for any of the services you order. If for any reason your credit card charge is reversed, you agree to pay our fees in the amount set forth above via other payment method reasonably acceptable to the parties. If you successfully reverse charges made by a third-party credit card processor, you will nevertheless be responsible for our fees in the amount they would have been had the charge of the third-party credit card processor not been reversed. Any unpaid amount shall accrue interest in the lesser of 12% per annum, accrued monthly, or the maximum amount allowed by law.

10. Warranty Disclaimer and Liability Limit

10.1. EXCEPT FOR WARRANTIES SET FORTH EXPRESSLY IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. INJURY AI DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SITE OR THE SERVICES, OR AGAINST INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE ERROR-FREE, THAT THE INFORMATION THEY PROVIDE, TRACK, OR STORE WILL BE ACCURATE OR TIMELY, OR THAT OPERATION OF THE SITE OR SERVICES WILL BE SECURE OR UNINTERRUPTED.

10.2. EXCEPT WITH REGARD TO OUR WILLFUL MISCONDUCT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, AND IN CONSIDERATION OF THE RELATIVE RISKS AND REWARDS, WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; NOR, EXCEPT FOR OUR WILLFUL ATTEMPTS TO HARM YOU, SHALL OUR TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF $500.00.

11. Release and Indemnity

Your use of the Services involves risks for which we cannot be responsible. You are solely responsible to make decisions regarding your operations, actions, and inactions. The Site and Services are provided for your convenience, but it is not designed for you to rely on the information it provides, develops, tracks, or stores. For these reasons, you hereby release Company and its employees and agents from any and all liability arising out of your use of the Services, and you waive any claims against Company, its employees and agents, that may arise out of or be related to your use of the Services and the information the Services provide, develops, tracks, or stores. You also agree to defend, indemnify, and hold Company, its employees and agents, harmless from and against any and all losses, damages, judgments, settlements, and other claims, including attorney fees and court costs, arising out of or related to (1) your breach of any of the provisions of this Agreement, including without limitation the usage rules, (2) your use of the Site or Services, (3) your negligent or intentional acts or omissions and (4) your conduct that is contrary to applicable law. You agree, if we so request, to appoint us as your agent for purposes of pursuing and managing any insurance claims arising out of or related to this Agreement.

12. Independent Contractor

You agree that nothing in this Agreement shall, or shall be deemed to, create any franchise or relationship of agency or employer/employee between you, us or any third party service providers. The parties are independent contractors and may not bind each other in any fashion without the express written consent of the other party.

13. Notices

Except as explicitly stated otherwise, legal notices will be served, with respect to Company, on Company’s registered agent, and, with respect to you, to the email address you provide to Company during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the United Nations Convention on the International Sales of Goods. The parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of California and waive any objections to jurisdiction therein that are based on forum non conveniens.

15. Severability

If any provision of this Agreement, including without limitation the warranty disclaimer and liability limitation terms, shall be unlawful, void, or for any reason unenforceable, then the unenforceable or void portion of that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

16. Headings

The headings used in this Agreement are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings.

17. Entire Agreement

This Agreement and any applicable terms agreed in a sign-up document, as each may be amended as set forth herein, are the entire agreement between you and Company relating to the subject matter herein.

18. Claims; Statute of Limitations

YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19. Attorney Fees

In case of an action to enforce any rights or conditions of this Agreement, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.

20. Waiver

No waiver of any of this Agreement by Company is binding unless authorized in writing by an executive officer of Company. In the event that Company waives a breach of any provision of this Agreement, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of this Agreement and will in no manner affect the right of Company to enforce the same at a later time.

21. Force Majeure

Company will not be liable for, or be considered to be in breach of, or default under, this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond Company’s reasonable control.

22. Survival

All provisions of this Agreement, other than those entirely fulfilled within the term of the Agreement shall survive the expiration or earlier termination of this Agreement.

23. Waiver of Jury Trial.  Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

 

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