This is an agreement between the Customer
and StatFox.com ("StatFox"). "Customer"
shall mean the person or entity for whom the order has been
placed and for whom payment has been made.
SECTION 1. Grant of License. StatFox grants to Customer the
nonexclusive right to use the information and tools accessed
via Internet and available via StatFox at FoxSheets ("Content")
for entertainment purposes in accordance with this Agreement
and any user documentation provided online. (Content may only
be accessed by an individual to whom StatFox has assigned
an individual USER ID and password.) In no event may Customer
offer the use of any StatFox Internet product as a part of
a service bureau, time-sharing, or other similar arrangement.
Any copying or redistribution of the information contained
in these files in any manner, is not allowed and is strictly
prohibited. Customers are not permitted to provide their USER
ID and password to any other individuals or entities.
FoxSheets members are allowed to access the FoxSheets on up
to two different access locations at any given time. For Customer’s
protection and the security of Customer’s account, if
more than two simultaneous logins with different IP addresses
are detected, Customer’s account will be temporarily
suspended. Customer will only be able to log in again when
the number of current logins is two or less.
Content is provided to the Customer for the personal entertainment
use of the Customer and not for re-sale or copying.
Customer acknowledges that the Content constitutes valuable
and proprietary property of StatFox or of third parties who
have contributed to the Content. If Customer wishes to use
the Content in any manner not expressly permitted by this
Agreement, Customer may request permission from StatFox by
giving to StatFox a written description of the intended use
and such other information as StatFox may request. Permission
may only be granted in writing by an authorized representative
of StatFox. The granting of such a request may entail an additional
fee payable by Customer.
Information provided by StatFox is for entertainment purposes
only and is not to be used for any unlawful activities.
SECTION 2. USER ID and Password Protection. Customer shall
maintain as personal and confidential the StatFox-assigned
unique USER ID and password. Customer is prohibited from transferring
or sharing the StatFox-assigned unique USER ID and from revealing
the activating password to any other person outside the site.
Any violation of the foregoing shall result in an immediate
termination of Customer’s access rights to any StatFox
Internet product as well as liability to StatFox for all damages
resulting from such breach. It is Customer’s sole responsibility
to protect the activating password from unauthorized use.
Customer will be responsible for any charges to Customer’s
USER ID or Customer’s account.
SECTION 3. StatFox Reservation of Rights. StatFox reserves
all rights not expressly granted to the Customer, including,
but not limited to the right to alter, modify, update, enhance
or improve the Content.
StatFox may change the terms and conditions of this Agreement
at any time at its sole discretion. Customer will find notification
of any such changes in the Member Profile area of the web
site. Customer will be responsible for regularly checking
this area and for reviewing any such changes. By using the
StatFox service associated with this Agreement after notice
of such changes is posted, Customer agrees to be bound by
those changes. If Customer does not agree to be bound by any
such changes, Customer must immediately stop using the service
and cancel Customer’s subscription, as set forth below.
SECTION 4. Taxes and Invoices. Customer acknowledges and agrees
that cancellation is subject to StatFox’s Standard Order,
Billing, and Collection Terms and Conditions.
SECTION 5. Term and Termination. This Agreement is effective
until terminated. This Agreement shall be effective for the
paid subscription term specified in your subscription (which
may be one week or a different time period).
This Agreement will terminate automatically without any notice
from StatFox if Customer fails to comply with any provision
of this Agreement. Upon termination for such cause, Customer
shall no longer be permitted access to any StatFox Internet
product and each Customer USER ID shall be deactivated. Termination
for such cause shall not affect StatFox’s entitlement
to any sums due hereunder, and Customer shall not be entitled
to any refund of any portion of the fees paid in connection
with the subscription.
Neither StatFox nor any third-party content providers warrant
the accuracy, correctness, completeness or timeliness of the
service or the web site. Neither StatFox nor any third-party
content providers shall be responsible for any damages or
other losses resulting from use of the service, data or the
web site.
SECTION 6. Indemnification. Customer shall defend, indemnify,
and hold harmless StatFox from and against any and all claims,
actions, causes of action, liabilities, damages, costs and
expenses, including reasonable attorneys’ fees, arising
out of or related to claims or actions brought or made by
third parties against StatFox as a result of Customer’s
use or application of the Content, including allegations of
negligence by StatFox.
SECTION 7. Copyright. The StatFox Internet product line is
the valuable, confidential, copyrighted and trade secret property
of StatFox or third parties who have contributed thereto.
As between the parties, StatFox owns all right, title and
interest in and to any and all StatFox Internet products,
including without limitation, all ancillary and interface
software, all current and future enhancements, modifications,
revisions, new releases and updates thereof and any derivative
works based thereon and all documentation thereto, all copyrights,
trade secrets and patents therein. Except as expressly permitted
hereby, copying of any portion of any StatFox Internet product
is prohibited.
Customer may make printouts of Content retrieved from any
StatFox Internet product to the extent permitted under the
"fair use" provisions of the Copyright Act of 1976
(17 U.S.C. Sec. 107), or may download and store insubstantial
portions of Content (in machine-readable form), so long as
such downloading is consistent with the purposes authorized
by this Agreement. Customer shall comply with all applicable
conventions regarding copyright and source of material attribution.
SECTION 8. Customer Responsibility. THE CUSTOMER ASSUMES ALL
RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION
OF THE PARTICULAR STATFOX INTERNET PRODUCT TO ACHIEVE CUSTOMER’S
INTENDED RESULTS. CUSTOMER ASSUMES ALL RESPONSIBILITIES AND
OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR
GIVEN AS A RESULT OF THE USE OR APPLICATION OF CUSTOMER’S
SELECTED STATFOX INTERNET PRODUCT OR ANY CONTENT RETRIEVED
THEREFROM, INCLUDING THOSE TO ANY THIRD PARTY, FOR THE CONTENT,
ACCURACY, AND REVIEW OF SUCH RESULTS.
STATFOX IS NOT RENDERING, AND DOES NOT INTEND TO RENDER, ADVICE,
ASSISTANCE, INFORMATION OR COUNSEL WITH REGARD TO BETTING,
WAGERING, GAMBLING OR PROFESSIONAL SERVICES OF ANY KIND. INFORMATION
PROVIDED BY STATFOX PURSUANT TO OR IN CONNECTION WITH THIS
AGREEMENT IS SOLELY AND EXCLUSIVELY FOR ENTERTAINMENT PURPOSES.
BY ENTERING INTO THIS AGREEMENT, CUSTOMER REPRESENTS AND WARRANTS
THAT INFORMATION PROVIDED BY STATFOX PURSUANT TO OR IN CONNECTION
WITH THIS AGREEMENT SHALL BE USED SOLELY AND EXCLUSIVELY FOR
ENTERTAINMENT PURPOSES. CUSTOMER ACKNOWLEDGES THAT STATFOX
DOES NOT KNOW AND CANNOT DETERMINE THE PURPOSE FOR WHICH SUCH
INFORMATION MAY ULTIMATELY BE USED.
Customer shall be responsible for telephone charges to access
the service. Because of the nature of the Internet, access
from a particular location cannot be guaranteed and may be
interrupted. Customer agrees that StatFox cannot guarantee
that access will be available at all times. StatFox will not
provide any credits for service access if the site is not
accessible.
SECTION 9. Disclaimer of warranty. Content selected by Customer
is provided "as is" and StatFox makes no warranty
as to its use, accuracy, or completeness. StatFox does not
and cannot warrant Customer’s results or that any selected
StatFox Internet product will be delivered uninterrupted or
error free. StatFox makes no warranties, express or implied
as to non-infringement of third party rights, merchantability,
or fitness for any particular purpose.
SECTION 10. Limitation of liability. In no event will StatFox
be liable to Customer (1) for any consequential, incidental
or special damages, including any lost profits or lost savings,
even if StatFox has been advised of the possibility of such
damages, or (2) for any claim by any third party. STATFOX’S
ENTIRE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION,
INCLUDING NEGLIGENCE, SHALL BE LIMITED TO RETURN OF UP TO
THE FEES PAID FOR THE SERVICE OR ACTIVITY SPECIFICALLY RELATED
TO THE CLAIM.
SECTION 11. Force Majeure. Performance of StatFox hereunder
is subject to interruption and delay due to causes beyond
its reasonable control such as acts of God, acts of any government,
war or other hostilities, the elements, fire, explosion, power
failure, telecommunications failure, industrial or labor dispute,
inability to obtain supplies and the like, or breakdown of
equipment or any other causes beyond StatFox’s control.
SECTION 12. General. This Agreement will be governed by the
laws of the State of Wisconsin, excluding the application
of its conflicts of law rules. This Agreement will not be
governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which
is expressly excluded. No action arising under this Agreement
may be brought by either party more than one year after the
cause of action has accrued. The exclusive jurisdiction for
any action arising under this Agreement shall be the Courts
of Milwaukee County, State of Wisconsin or, if required, the
Eastern District of Wisconsin.
Customer may not use the Content without a valid subscription
from StatFox. To obtain a subscription, Customer must register
for the service by completing the online registration form
available on the web site. Customer’s subscription will
not be valid unless and until StatFox accepts Customer’s
registration which may be denied for any reason. By registering
for the service, Customer represents and warrants that all
registration information that Customer provides is true, complete,
and accurate, and Customer agrees to notify StatFox promptly
of any changes to this registration information.
Any notice required under this Agreement shall be effective
upon mailing by certified mail, return receipt requested,
or via facsimile transmission sent to the address or facsimile
telephone number of the respective party.
If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its
terms. This Agreement shall automatically terminate upon failure
by you to comply with its terms. This Agreement may only be
modified in writing signed by an authorized representative
of StatFox.
StatFox reserves the right to change the service at any time
without notice (including but not limited to adding or removing
features). If Customer is dissatisfied with any such changes,
or if Customer is otherwise dissatisfied with the service
(including but not limited to its performance or availability),
Customer’s only remedy will be to cancel Customer’s
subscription.
When you register as a Customer, you will receive a Username
and password, which StatFox may assign to you or allow you
to select. You may not select, and StatFox may modify or delete,
any Username or password that StatFox determines, in its sole
discretion, violates any third party's rights or is offensive,
improper, or inappropriate.
We have a strict no return policy on all FoxSheets subscriptions
purchased. Therefore, before placing your order, please make
sure you understand all of the rules and guidelines involved.
No Customer shall hold himself out to be an agent, representative
or employee of StatFox. No license of the trademark is granted
to any Customer. The parties agree that StatFox will not be
responsible for any delay or failure in performance in any
part of this Agreement if such delay or failure is caused
by the act or omission or other similar cause beyond StatFox’s
control. If any such condition occurs, StatFox can suspend
performance until it is able to resume performance. Customer
agrees that he shall comply with the entire Agreement with
all provisions of all applicable federal, state, county, local
laws, ordinances, regulations and codes.
None of the provisions in this Agreement shall be considered
waived unless such waiver is specifically in writing.
Have questions? Contact
us online or
call the StatFox offices toll-free at 888-578-2836
and speak to one of our knowledgeable and friendly customer
service
representatives.
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