Terms of Service & EULA
805Stats Terms of Service and End User License Agreement
Last Updated: JANUARY 1, 2018
Welcome, and thank you for your interest in Skoresheet, Inc. dba 805Stats (“805Stats,” “we,” “our,” or “us”) and our website at www.805STATS.COM along with our related websites, networks, applications, mobile application(s), and other services provided by us (collectively, the “Service”). This Terms of Service and End User License Agreement is a legally binding contract between you and 805Stats regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
1. Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that these Terms include the following provisions:
1.1 Arbitration – disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND 805STATS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, as set forth in Section 20;
1.2 License – the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
1.4 No Warranty – the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and 805Stats’ liability to you is limited to the fullest extent permitted by law, as set forth in Sections 17 and 18;
2. 805Stats Service Overview. The Service allows sports players (“Players”) to view and keep track of their own and other Players’ performances as associated with various sports teams (each, a “Team”). Each Team is represented on the Service by one or more authorized users (each, a “Coach”) with administrative privileges over the Team’s account. Teams may access certain additional functionalities (such as the ability to produce and distribute authorized live audiovisual content of Team sports games, or “Live Streams”) on the Service subject to payment of subscription fees as set forth in Section 7 below. Additionally, the Service may permit individuals who are not Players or Coaches to use and access the Service; these users are “Fans.” Players, Coaches (as authorized representatives of Teams), and Fans are all users of the Service.
2.1 Messages. You may be able to send messages to users through the Service. You represent and warrant that you will only send messages through the Service to users who have given you their express consent to receive such messages, and you will indemnify and hold 805Stats harmless from any and all claims arising out of your sending these messages to any users. You are responsible for all fees and charges associated with such messages.
3. [Eligibility.] [TO BE DETERMINED BASED ON PRIVACY REVIEW]
4. Authority. If you are a user accessing the Service on behalf of a Team or otherwise using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (a) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and the authority to use the payment method submitted to 805Stats for payment of any subscription fees under Section 7 below; and (b) agree to be bound by the Terms on behalf of such Subscribing Entity.
5. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as, if you are a Player, your name, date of birth, location, email address, or other contact information, or, if you are a Coach, your name, address, telephone number, and the league with which your Team is associated. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
7. Subscriptions. Your use of the Service may be subject to and dependent on the payment of subscription fees on an annual basis (the paid version of the Service is the “Paid Service”). Payment of the applicable subscription fees allows you to access the Paid Service for one year, and you may renew your access to the Paid Service by paying the subscription fees for each subsequent year.
7.1 You Agree To Pay 805Stats For Your Selected Service Subscription and Other Purchases. You agree to pay for the subscription that you select for the Service and you authorize us to charge the payment method our service provider has on file for your monthly payment, your annual payment, or other payment terms you select.
7.2 Cancellation Refund Policy. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE PAID SERVICE AT ANY TIME. IF YOU CANCEL YOUR SUBSCRIPTION, 805STATS WILL NOT PROVIDE YOU WITH A REFUND OF ANY PREPAID SUBSCRIPTION FEES. FOR THE AVOIDANCE OF DOUBT, YOU DO NOT HAVE A RIGHT OF WITHDRAWAL, BUT YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME.
7.3 Third-Party Payment Processors. 805Stats currently uses third-party payment processors for electronic commerce. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain fees at our sole discretion. To the fullest extent permitted by law, 805Stats disclaims all liability with regard to any fees or problems you have with third-party payment processors.
7.4 Pre-Authorization. When you provide a credit card number to pay for a subscription to use the Paid Service, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to your purchase. This pre-authorization will verify the credit card is valid and/or has the necessary funds or credit available to cover your required payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
7.5 Availability of Certain Forms of Payment. To the fullest extent permitted by law, 805Stats makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the Paid Service.
7.6 Timing of Payment. Payment must occur within a reasonable time of the transaction.
7.7 You May Need to Agree to Additional Terms or Agreements. You acknowledge that you may be required to agree to additional or superseding terms or agreements in connection with your payment of subscription fees for the Service. For example, if you would like a subscription to the Service or additional features that is different from 805Stats’ standard subscription, then you may be required to agree to an additional set of terms.
8.1 Limited License. Subject to your complete and ongoing compliance with all the Terms, 805Stats grants you: (a) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install one copy of the mobile application(s) associated with the Service downloaded from a legitimate marketplace or provided by an authorized reseller of the mobile application(s), and to use such mobile applications so installed, or that may have been pre-installed on your mobile device by the device manufacturer, in each case solely in object code format, and solely for your personal or internal business use for lawful purposes, on mobile devices that you own or control; and (b) permission to access and use the Service for your personal or internal business use.
8.2 License Restrictions. You may not sell, transfer, assign, license, sublicense, or modify any part of the Service or the Materials (as defined below), and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Materials in any way for any public or commercial purpose without 805Stats’ prior written consent. The use or posting of any of the Materials on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, then your right to access and/or use the Materials and Service will automatically terminate and you must immediately destroy any copies you have made of the Materials.
8.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then 805Stats has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; Feedback is provided on a non-confidential basis, and 805Stats is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and you hereby grant 805Stats an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
9. Ownership; Proprietary Rights. The Service is owned and operated by 805Stats. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by 805Stats are protected by intellectual property and other laws. All Materials included in the Service are the property of 805Stats or our third-party licensors. Except as expressly authorized by 805Stats, you may not make use of the Materials. 805Stats reserves all rights to the Materials not granted expressly in these Terms. The 805Stats trademarks, design marks, service marks, and logos (the “805Stats Trademarks”) used and displayed on the Service are 805Stats’ registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the 805Stats Trademarks, the “Trademarks”). Nothing on the Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without 805Stats’ prior express written consent for each individual use. You may not use the Trademarks to disparage 805Stats or the applicable third party (including 805Stats’ or the third party’s products or services) or in any manner, using commercially reasonable judgment, that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Service without 805Stats’ prior express written consent. All goodwill generated from the use of any 805Stats Trademark will inure solely to 805Stats’ benefit.
10. Third-Party Terms
10.1 Carrier Service. Your access to use the Service may be subject to separate third party terms of service and fees, including your mobile network operator’s terms of service and fees, which may include fees charged for data usage and overage, which are your sole responsibility.
10.2 Third Party Services and Linked Websites. 805Stats may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on 805Stats with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
11. User Content
11.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including photos, video (such as, if you are a Team, Live Streams, and recordings thereof created by you or automatically by the Service), images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service and submitting User Content to the Service does not transfer ownership of your rights.
11.2 Limited License Grant to 805Stats. By posting or publishing User Content on the Service, you grant 805Stats an unrestricted, assignable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) throughout the universe, to host, store, transfer, display, perform, reproduce, communicate to the public, make available, create derivative works from, modify for the purpose of formatting for display, distribute, and otherwise exploit and use your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. If you are a Player, you further grant 805Stats a royalty-free license to use your name, image, voice, and likeness (and that of any person identifiable in any User Content posted by you to the Service) made available by or on your behalf through the Service in conjunction with (a) advertising, marketing, or promoting 805Stats or the Service; or (b) providing the Service to you and other users as set forth in these Terms. The license in the immediately preceding sentence shall survive the termination of your account with respect to any User Content submitted or uploaded to, and not deleted from, the Service prior to such termination.
11.3 Limited License Grant to Other Users. By posting or sharing User Content on the Service, you grant all other users of the Service a non-exclusive license to access and view that User Content as permitted by these Terms and the functionality of the Service.
11.4 You Must Have Rights to the Content You Post. You must not post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to post to the Service. You agree to pay all monies owing to any person as a result of posting your User Content on the Service.
11.5 Waiver of Rights to User Content. By posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert, or to support, maintain, or permit any action based on, any and all moral rights that you may have in or with respect to any User Content you post to or through the Service.
11.6 No Liability. 805Stats will not be liable for any unauthorized use of User Content by any other user or third party.
11.7 User Content Representations and Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW: WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize 805Stats and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by 805Stats, the Service, and these Terms; and
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (iii) cause 805Stats to violate any law or regulation; (iv) require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts, or provide any attribution to any third parties; or (v) result in a breach of contract between you and a third party.
11.8 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and, to the fullest extent permitted by law, will not be in any way responsible or liable for User Content. 805Stats may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against 805Stats with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, 805Stats does not permit copyright-infringing activities on the Service.
12. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
12.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
12.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
12.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
12.4 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
12.5 frame or link to any of the materials or information available on the Service;
12.6 alter, deface, mutilate, circumvent, or otherwise bypass any approved software through which the Service is made available;
12.7 use any Trademarks, photographs, or other content belonging to 805Stats or obtained from the Service without our express written consent;
12.8 access, tamper with, or use non-public areas of the Service, 805Stats’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of 805Stats’ providers;
12.9 abuse, harass, harm, or advocate or incite abuse, harassment, or harm of another person or group, including 805Stats employees;
12.10 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
12.11 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
12.12 collect, or attempt to collect, personal information about another user or third party without consent, or solicit or attempt to solicit personal information from other users of the Service;
12.13 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
12.14 attempt to do any of the acts described in this Section 12 or assist with or permit any person to engage in any of the acts described in this Section 12.
13. Digital Millennium Copyright Act
13.1 Respect of Third Party Rights. 805Stats respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
13.2 Repeat Infringer Policy. 805Stats’ intellectual property policy is to (a) remove or disable access to material that 805Stats believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; (b) remove any User Content uploaded to the Service by “repeat infringers;” and (c) promptly terminate the accounts of such repeat infringers. 805Stats considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom 805Stats has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. 805Stats has discretion, however, to terminate the account of any user after receipt of a single Notification of Claimed Infringement (as defined below) or upon 805Stats’ own determination.
13.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified in Section 13.4 below. Your Notification of Claimed Infringement may be shared by 805Stats with the user alleged to have infringed a right you own or control and with other third parties, and you hereby consent to 805Stats making such disclosure. Your communication must include substantially the following:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
b. identification of works or materials being infringed, or, if multiple works are covered by a single Notification of Claimed Infringement, a representative list of such works;
c. identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 805Stats to locate the material;
d. information reasonably sufficient to permit 805Stats to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
e. a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the Notification of Claimed Infringement is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
13.4 Designated Agent Contact Information. 805Stats’ designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via Email: Ron@805stats.com
Via U.S. Mail: Legal Dept., Skoresheet, Inc. 50 Lake Eden Dr, Boynton Beach, FL 33435
13.5 Counter Notification. If you receive a notification from 805Stats that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide 805Stats with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to 805Stats’ Designated Agent through one of the methods identified in Section 13.4 above and include substantially the following information:
a. a physical or electronic signature of the subscriber;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which 805Stats may be found, and that the subscriber will accept service of process from the person who provided notification under Section 13.3 above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid Counter Notification under the Copyright Act.
13.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to 805Stats in response to a Notification of Claimed Infringement, then 805Stats will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that 805Stats will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and 805Stats will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless 805Stats’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on 805Stats’ system or network.
13.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [805Stats] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” 17 U.S.C. § 512(f). 805Stats reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
14. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes. Please check these Terms periodically for changes. Modifications to these Terms are effective upon the later of publication or the specified effective date of such modifications, if any. Any use of the Service after such date will constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. These Terms will govern any updates 805Stats provides to you that replace and/or supplement any portion of the Service, unless the update is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern. Notwithstanding the preceding sentences of this Section 14, no revisions to these Terms will apply to any dispute between you and 805Stats that arose prior to the effective date of such revision.
15. Term, Termination and Modification of the Service
15.1 Term. These Terms are effective beginning when you accept the Terms or download, install, access, or use the Service, and ending when terminated as set forth in Section 15.2.
15.2 Termination. 805Stats may, at its sole discretion, suspend or terminate these Terms, your account on the Service, or your access to the Service at any time for any reason or no reason, with or without notice.
15.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must remit to 805Stats any unpaid amounts due prior to termination; and (d) upon termination of these Terms, all payment obligations accrued prior to termination and Sections 3, 7, 8.2, 9, 12, 15.3, and 16 through 21, will survive.
15.4 Modification of the Service. 805Stats reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever, to the fullest extent permitted by law, on account of any change to the Service or any suspension or termination of your access to or use of the Service.
16. Indemnity. You are responsible for your use of the Service, and, to the fullest extent permitted by law, you will defend and indemnify 805Stats and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “805Stats Entities”) from and against every claim, liability, damage, loss, and expense, including without limitation reasonable attorneys’ fees and costs (“Claims”) brought by a third party arising out of or in connection with: (a) your use of the Service not in compliance with these Terms; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other proprietary, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims. You will at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.
17. Disclaimers; No Warranties
THE PROVISIONS OF THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. 805STATS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. 805STATS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR 805Stats ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE 805Stats ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.
18. Limitation of Liability
THE PROVISIONS OF THIS SECTION 18 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
IN NO EVENT WILL THE 805STATS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY 805STATS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 20.4(iii), THE AGGREGATE LIABILITY OF THE 805STATS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO 805STATS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO THE CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.