Terms & Conditions
Last Updated: December 8, 2020
Value Lock Sports, Inc., a New York corporation, (the “Company”, “we”, “us”, “our”), welcomes you to ValueLockSports.com (the “Website”) and the services provided through the Website (the “Service”). It is important to the Company that you and other visitors have the best possible experience while using the Website and the Service, and that, when you use the Service , you understand your legal rights and obligations. Please read these Terms and Conditions, which governs your use of the Service, including any content, functionality, and services offered on or through the Website. Your access to the Service is on the condition that you agree to these Terms.
No Minors. The Service is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access and use the Service. The Company forbids all persons who do not meet these age requirements from accessing the Service.
BY REGISTERING FOR AN ACCOUNT WITH US (your "Account"), CLICKING "I ACCEPT" BELOW, OR USING THE SERVICE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you do not want to be bound by the Terms, do not click "I accept" and do not register with us. Declining to accept these Terms means you will be unable to create an Account or access the Service.
- GENERAL TERMS
- Dispute Resolution, Arbitration. Any claim, dispute or controversy of whatever nature arising out of or relating to these Terms shall be resolved by final and binding arbitration in accordance with the process further described in Section 13 titled "Dispute Resolution, Arbitration, Consent to Jurisdiction in New York and Attorney's Fees" below, which, among other things, contains a binding waiver of class-wide proceedings. Please read Section 13 titled "Dispute Resolution, Arbitration, Consent to Jurisdiction in New York and Attorney's Fees" carefully;
- Changes to the Terms. We may change the Terms at any time, but we will post a notice on the Website of any material changes, and you can see when these Terms were last revised by referring to the "Last Updated" legend above. Your continued use of Service means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
- Eligibility. To be eligible to register an Account, obtain a Subscription, or receive the Service, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the legal authority to enter into a contract with Value Lock Sports, Inc.; (c) be physically located within the U.S. when accessing your Account; (d) be physically located within a U.S. state in which use of the Service is unrestricted by that state‘s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
- Your Account. When you create an Account, you will be asked to create a password which you'll need to use the Service, and provide a valid email address that you control. As a registered user, you can update your Account settings, including your email address, by clicking on the "Login" button located at the top right-hand corner of every page. You, as the holder of your Account, are solely responsible for complying these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account or (ii) access the Service through your Account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
- Our Service. We may, with or without notice to you: (1) modify, suspend or terminate your access to the Website and/or Service; and (2) interrupt the operation of the Website and/or Service as necessary to perform maintenance, error correction, or other work. We may suspend and/or close the Account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice.
- Data and Analytics. As part of the Service, we give you the option to subscribe to our Service to obtain information for making decisions regarding certain sporting events (the “Picks” or “Plays”). You expressly acknowledge and agree that Value Lock Sports Inc, its agents, officers, directors, managers, members, employees, contractors or sales personnel in no way responsible for any decisions, financial or otherwise, You, or those acting at your direction, make with respect to the Picks or any other information related to the Picks or any information on the Service or any links provided on the Website or otherwise. The Company does not offer bookmaking services or gambling services. The Company does not provide investment advice and none of the Picks or Plays, nor any information on the Service, is to be construed as or, deemed to be, investment advice.
- Subscriptions and Billing.
- Although portions of the Service are offered for free, certain uses of the Service is restricted to those users who choose to pay a fee in exchange for access to certain parts of the Service. You agree that your Account is for individual use only and may not be shared with any other individuals. Your Picks will continue in effect in accordance with the terms of your subscription until you cancel your subscription or your Account is suspended or terminated in accordance with these Terms. Subscription fees are billed corresponding to the day you begin your Picks subscription. You must cancel your Picks or Plays subscription before it renews to avoid the next billing. Our third-party service provider will bill your Picks or Plays subscription fee plus any applicable taxes to the payment method you provide. If you cancel your subscription, cancellation will be effective at the end of the current period for your Picks subscription.
- You can cancel your subscription via your Account page or by requesting a cancellation via email to our support team at firstname.lastname@example.org. We reserve the right to terminate your Account or access to the Service if you fail to pay Picks subscription amounts when due by providing a valid payment method. You will remain liable for all amounts accrued under your Account, including all costs we incur in connection with the collection of overdue payments.
- The Company may offer free trials to new paid service subscriptions. If you purchase a subscription to a paid service that includes a free trial, you will receive free access to that paid service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
- If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this 30-day period, you waive any disputed charges. You must submit any billing disputes by email to email@example.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes made by the Company in a bill and add or credit them against your future payments.
- Any purchase made on Value Lock Sports resulting in a chargeback to the Company will cause you and your Account to be immediately and permanently suspended.
- COMPLIANCE WITH LAWS
- Prohibited States. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in cash-based competitions ("Gaming Laws"), and that Gaming Laws are set up by each individual state. Therefore, the Service is not intended to be used in connection with cash-based competitions in any state in which such competitions violate its Gaming Laws.
- Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Service, including without limitation U.S. export laws (together with Gaming Laws, the "Applicable Laws"). You are solely responsible for your compliance with all Applicable Laws. THE SERVICE IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your use of the Service is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
- Legal Disclaimers. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
- YOUR REPRESENTATIONS AND WARRANTIES TO US
- You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to receive the Service; and (2) you will comply with these Terms when receiving the Service, and/or using the Website; and (3) all information you supply to us is complete, accurate and current.
- You represent and warrant to us that you shall not, directly or indirectly, sell, exchange, trade, barter, or otherwise commercially exploit the Picks or Plays, or give away the Picks, or otherwise aid, direct, encourage, or help, directly or indirectly, any other person or entity in any of the foregoing, and that any such action is expressly prohibited and a material breach of these Terms. You agree that, in addition to any rights and remedies that the Company may have at law or equity as a result of your breach of these Terms, the Company may cancel, suspend, or terminate any or all subscription you may have with the Company.
- YOUR INDEMNIFICATION OF US
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees, and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys‘ fees, arising out of or relating to (i) your breach of these Terms; (ii) any use of your Account by any person; and/or (iii) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
- ACCEPTABLE USE POLICY
- Rules of Conduct. You are personally responsible for your use of the Service and Website, and while using the Service and Website you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently suspend users who violate these rules, or who abuse email communications or support communications, as determined by us in our sole discretion.
- Impersonating other users is not allowed.
- Do not share personal information (your name, phone number, home address, and password) with other users.
- You may not attempt to participate in any part of the Service by means of automatic, macro, programmed, or similar methods.
- You may not commit fraud with regard to any part of the Service.
- You may not attempt to impersonate the Service or deceive another user for the purposes of illicitly obtaining Picks, Plays, passwords, account information etc. (aka "scamming").
- You may not make any commercial use of any of the information provided on the Website or through the Service nor make any use of the Website or Service for the benefit of a business.
- Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other user‘s account, interfere with procedures or performance of the Service, Picks, Plays, or Website, or deliberately damage or undermine the Service, Picks, Plays, or Website is subject to civil and/or criminal prosecution and will result in immediate termination of your Account. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your Account.
- Restrictions. Any use, reproduction, or redistribution of the Service, Picks, Plays, Website, or related products or services not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use the Service such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers‘ network infrastructure, or that could damage, disable, overburden, or impair our Websites, Picks, Plays, or Service; (d) interfering with any other party‘s use and enjoyment of the Service or the Website; and/or (e) attempting to gain unauthorized access to third party accounts, the Service, or Website.
- PROPRIETARY RIGHTS
- Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit, and display any and all communications, materials, content and information that you submit to us, whether directly or through the Website or Service ("Content"), and waive any moral rights you may have in the Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions, or the like, will be treated by us as non-confidential and non-proprietary. Subject to these Terms, we may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others‘ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching these Terms. You represent and warrant to us that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we may permanently delete your Content from our servers and we have no obligation to return Content to you.
- Ownership. All content of the Website, the Picks, the Plays, and the Service, and all Value Lock Sports products and services, and all Value Lock Sports logos, Picks, Plays, subscription names, expansion names and symbols, trade dress or "look and feel", and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets, and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Service does not convey or imply the right to use the Service in combination with any other information or products.
- TERM AND TERMINATION
These Terms apply to you and to us from the date you accept them as provided above, until termination of your Account (whether by deactivation, cancellation, closure, expiration, or termination by you or us). You may terminate these Terms at any time and for any reason by going to your Account and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Service and your Account and promptly delete all copies of Picks or Plays you may have stored. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate. Your obligation to pay accrued fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination (including without limitation Sections 4, 5, 6, and 10 through 13 (inclusive).
- We strive to keep Service up and running; however, all online services suffer occasional disruptions and outages. We are not responsible or liable for any disruption or loss you may suffer as a result.
- ALL SERVICES, PRODUCTS, INFORMATION, AND DATA PROVIDED OR MADE AVAILABLE BY US ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICE, YOUR ACCOUNT, AND/OR THE WEBSITE WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.
- We are not responsible or liable for any damage, loss, or injury resulting from, relating to or arising out of (1) use, access, or attempted use or access of Service, the Picks, the Plays, or the Website; (2) downloading any information from the Service or Website; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
- Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
- LIMITATIONS OF LIABILITY
- NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS, PICKS, OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARR ANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
- OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $10.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
- Certain states do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
- DISPUTE RESOLUTION, ARBITRATION, CONSET TO JURISDICTION IN NEW YORK AND ATTORNEY'S FEES
- General. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term "Dispute" means any dispute, action, or other controversy between you and us concerning these Terms, the Service, the Picks, the Plays, or any product, service, or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to PO Box 849 Glenwood Landing, NY 11547. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration.
- Binding arbitration. If you and we do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator‘s award.
- Class action waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won't apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
- Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in New York, NY, USA. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the AAA‘s Commercial Arbitration Rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys‘ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys‘ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
- Claims or Disputes must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute is not filed within one year, it will be permanently barred.
- Equitable Relief. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
- Jurisdiction and Forum. You agree that any arbitration as described in the proceeding sections shall be held in the courts of competent jurisdiction sitting within New York County, NY (the "Forum"), and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
- REFUND POLICY
Due to the nature of the information being provided, there are absolutely no refunds unless stated otherwise. You may cancel your subscription at any time and you will have access to all information until the date your subscription was originally set to expire. You have the ability to cancel your Account at any time, for any reason. Please note, as stated above, we are unable to issue refunds after you have cancelled your subscription.
- These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Service, Picks, or the Website. You consent to our providing you notifications about the Service or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
- A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Please send any questions or comments to: Value Lock Sports, Inc. Customer Support – firstname.lastname@example.org.