Terms and Conditions - 4 Deep Sports

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Terms and Conditions

Basic Terms of Use

Welcome to www.fourdeepsports.com We are an online entertainment platform which encourages charitable giving in exchange for a chance to win luxury prizes. By using this website (“Site”) you hereby consent to the following conditions of use, which together with our Privacy Policy govern the relationship between you and A&E DIGITAL SOLUTIONS, LLC, provider of the Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, A&E DIGITAL SOLUTIONS, LLC The term “you” refers to the user or viewer of our Site.

The use of the Site is subject to the following terms of use:

We reserve the right at any time to change the terms and conditions of this Agreement; and enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other offerings, at any time at our sole discretion.

  1. The content of the pages of this Site is for your general information and entertainment purposes only. The content is not intended to be taken as professional guidance or advice with respect to financial planning, investing in securities, bonds, real estate or any other type of investing, sports betting, fantasy sports betting, medical or legal matters or any other type of advice upon which you should rely. Always consult a professional. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. It is subject to change without notice.
  2. Additionally, by accessing and using our Site you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link.
  3. By using this Site and engaging in the charitable giving and promotions listed on this Site you represent and warrant that you are over the age of eighteen (18) years.
  4. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
  5. This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
  6. You agree that Provider, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
  7. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
  8. The Site allows you to upload User generated content to the Site. You may not transmit material in violation of federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamatory or material infringing trademarks or copyrights. You agree not to use this Site to bully, harass or intimidate any other users of the Site. You may not abuse or fraudulently use the Site. You represent that you are the owner of all material you upload and transmit and doing so does not infringe upon any third-party rights. Provider retains the right to remove without notice all material it considers to be in violation of any of its policies. You further agree to fully indemnify Provider for any misuse or abuse of this Site
  9. Your use of the Provider Site and/or Provider products and any dispute arising out of such use of the Site and Site is subject to the laws of the State of New Jersey, United States of America and applicable federal law without regard to conflicts of laws principles. You agree to resolve any legal disputes in the Courts of the State of New Jersey.

Content Related to Gambling/Betting

FourDeepSports includes content related to gambling/sports betting. All this content is being provided for entertainment purposes only. It should not be seen as advice or the endorsement of any form of gambling. Our Platform does not give you the opportunity to gamble or wager anything of value. If you choose to gamble outside of our Platform, you do so at your own risk.

If you have concerns about your gambling – or if you’re concerned about a friend or family member – National Council on Problem Gambling (NCPG) offers support and counseling referrals that may help you through personal, gaming-related issues. The NCPG operates a 24-hour confidential toll-free helpline that you can reach by phone or text at 1-800-522-4700 or chat at ncpgambling.org/chat. For additional information or resources relating to problems with gambling, please visit the websites for National Council for Problem Gambling and/or National Center for Responsible Gaming.

CONDUCT

You, as a user, agree to use the Platform only for lawful purposes. Without limiting anything else above, specific prohibited activities include, but are not limited to:

depicting, encouraging or partaking in criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, depicting, encouraging or partaking in dangerous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

posting, uploading or sharing content that violates any of the prohibitions herein or that constitutes copyright infringement, patent infringement, or theft of trade secrets; attempting to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein;

using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);

interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;

attempting to impersonate another user or person;

soliciting personal information from anyone under 18;

collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;

using any information obtained from the Platform in order to harass, abuse, or harm another person, whether a user or a contributor;

using the Platform a commercial manner.

You represent and warrant that neither your actions on the Platform nor Your Content will violate any of the prohibited conduct described above. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.

LINKS

The Platform may contain links or otherwise direct you to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.

We reserve the right to disable links from or to third party sites.

Products/Orders

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. In the event that we cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Pricing/Taxes

All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through our online stores at any time in our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information, we will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will make reasonable attempts to notify you and will issue a credit to your credit card account in the amount of the incorrect price.

To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the tax laws applicable to the location to which the order is being shipped or delivered. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.

Refund Policy

We reserve the right to cancel your subscription without a refund in the event we discover a breach of contract or gaming of the system such as abusing coupon codes to give you multiplied discounted rates.

We do not offer refunds for unsatisfactory opinions. Our service is for analysis and data of sports. How you choose to use this analysis and data is your responsibility and A&E DIGITAL SOLUTIONS, LLC is not responsible for individual results. A&E DIGITAL SOLUTIONS, LLC will not provide refunds under any such circumstances.

DISCLAIMERS AND LIMITATION OF LIABILITY

DISCLAIMER: Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site or by any third party party links, (b) any content provided on linked Sites or (c) the capabilities or reliability of any information, product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

THE PLATFORM AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY A&E DIGITAL SOLUTIONS, LLCPROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF A&E DIGITAL SOLUTIONS, LLC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

A&E DIGITAL SOLUTIONS, LLC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS OR THE CONTENTS OF ANY USER CONTENT.

NEITHER WE NOR ANY A&E DIGITAL SOLUTIONS, LLC PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH A&E DIGITAL SOLUTIONS, LLC PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL A&E DIGITAL SOLUTIONS, LLC BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FOURDEEPSPORTS IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE PLATFORM AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform, contests, sweepstakes or tournaments offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.

APPLICABLE LAW; JURISDICTION

The Platform are created and controlled by us in the State of New Jersey. As such, the laws of the State of New Jersey will govern this Agreement, without giving effect to any provisions of New Jersey law that direct the choice of another state’s laws.

Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New Jersey and of the United States of America located in the State of New Jersey for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the New Jersey Courts and agree not to plead or claim in any New Jersey Court that such litigation brought therein has been brought in an inconvenient forum.

BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in New Jersey, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of New Jersey or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

You agree to pursue any arbitration in an individual capacity and not as class representative or class member in any purported class action proceeding.

BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREBY.

INDEMNITY

You agree to indemnify and hold A&E DIGITAL SOLUTIONS, LLC, the A&E DIGITAL SOLUTIONS, LLCA&E DIGITAL SOLUTIONS, LLC Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of this Agreement and/or any of your representations and warranties set forth herein (including those set forth in the Content Submission Policy) or (2) our distribution, exploitation or other use of Your Content.

SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

ELECTRONIC COMMUNICATIONS

When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Platform. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

OTHER

This Agreement is deemed accepted upon any use of any of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

SUPPORT

Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform. To reach our customer support team, please e-mail us at [email protected] It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

MODIFICATION

We reserve the right to make changes to the Platform, posted policies and this Agreement at any time without notice other than the reposting of the modified Agreement so check back frequently.

Please contact us at [email protected] with any questions regarding this Agreement.