“Accept No Substitutes”
Please read these Terms of Service carefully before using the services provided by Sport Decisions, as you are bound
Decisions' services (including our websites and any public Forums) also.
condition of using Sport Decisions' services. If you do not accept all of these terms and conditions in this Agreement
Minors and people who can not form legally binding contracts may use the services only if they have permission from and
are supervised by a parent or legal guardian who accepts full responsibility for the minor or person who can not form a
are only available to individuals who can form legally binding contracts under applicable law. The parent or legal
guardian must also agree and ensure that any personally identifiable information including, but not limited to, name,
mailing address, e-mail address, and telephone number provided is the parent's information not the child's personally
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular service that will also
apply to the use of such service, and such Guidelines are incorporate by this reference into these Terms of Service.
using, reading, having, licensing or owning any services (including Sport Decisions' websites and any public Forums)
or any portion thereof you are agreeing that you have carefully read, understand and agree to these Terms of Service
The following sets forth the terms and conditions under which Sport Decisions, Inc. ("Sport Decisions" or "SDI" or "we"
or "our") offers you access to our products, goods, services, information, advice, suggestions, websites, workshops,
public Forums, events and/or courses related thereto, or other material ("service" or "services"). When using Sport
Decisions services you, the contracting party(s), ("user" or "you" or "your") agree to the terms and conditions
described herein ("Terms of Service" or "Agreement").
Sport Decisions may modify or discontinue any services with or without any notice to you and without liability to
you or any third party, except as otherwise provided herein. This Agreement may not be modified except in writing
executed by an authorized representative (executive officer) of SDI.
Your acceptance of all of the terms and conditions contained in these Terms of Service is a condition of using Sport
Decisions' services. If you do not accept all of these terms and conditions in this Agreement SDI is unwilling to
provide you with our services. These Terms of Service shall continue indefinitely. Without prejudice to other
rights, SDI may terminate your use of services immediately upon breach by you of any provision contained in this
Agreement. Sport Decisions also reserves the right to terminate your use of services for any reason we deem
appropriate (including but not limited to finding out that you have provided false or misleading information.
You agree that upon such termination by SDI you will promptly return any services and all copies thereof to SDI.
Articles 3,5,6,7,8,9,10,11, and 12 hereof shall survive termination of these Terms of Service. As a condition of
your use of the services, you warrant to SDI that you will not use the services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use these services in any manner which could
damage, disable, overburden, or impair these services or interfere with any third party's use and enjoyment of the
services. Sport Decisions will cooperate fully with any investigations by proper authorities.
Minors and people who can not form legally binding contracts may use the services only if they have permission
from and are supervised by a parent or legal guardian who accepts full responsibility for the minor or person
who can not form a legally binding contract and themselves complying with these Terms of Service, these services
are only available to individuals who can form legally binding contracts under applicable law. The parent or
legal guardian must also agree and ensure that any personally identifiable information including, but not
limited to, name, mailing address, e-mail address, and telephone number provided is the parent's information not
the child's personally identifying information. Otherwise, without limiting the foregoing, the services are not
permitted to be used by minors (which means, in most jurisdictions, those under the age of 18). In addition,
Sport Decisions does not permit use of the services by residents (a) of any jurisdiction that may prohibit our
services or (b) of any country that are prohibited by law, regulation, treaty, or administrative act from entering
into trade relations with the United States or its citizens. Such countries may include, without limitation,
Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria, and, Sudan. If you do not qualify,
please do not use the services. Sport Decisions reserves the right to refuse to provide our services to anyone
for any reason we deem appropriate whether before or after payment. If after payment but before receiving any
services, then your money will be refunded in whole.
Sport Decisions may issue you a username, password, and/or code for access to certain services. You shall hold
secure any such username, password, and/or code as strictly confidential. Accordingly, you shall not allow
friends, family, or other persons access to or use of such username, password, and/or code. You shall not
post the username, password, and/or code on any website nor transmit it through insecure sites. SDI shall
not be responsible whatsoever in the event that a third party misappropriates your username, password, and/or
code. You are responsible for all uses of your username, password, and/or code, whether or not actually or
expressly authorized by you. Your username, password, and/or code may not be sold to another party.
5. Policy On Orders
No cancellations, returns, refunds, exchanges or credits. Prices and services subject to change without notice.
At this time the surveys taken online, once paid for or clicked on, must be fully completed in one sitting without
any logging out, closing the survey or leaving the survey inactive for more than fifteen minutes. You are solely
responsible for fully completing surveys and order information accurately and within the specified parameters.
Sport Decisions is not responsible for typos or mistakes in ordering information or surveys. Any turn-around times
quoted by SDI are our best estimates of the amount of time it will take us to process your requests for services and
return the information to you. When "days" are given as a turn-around time we are referring to business days.
Sport Decisions makes no guarantees that you will receive services in any specific time period. Payments on Sport
Decisions' websites must be made by a major credit card accepted by SDI. If SDI does not receive payment from the
credit card issuer or its agent, you agree to pay all amounts upon demand. Payments made directly to Sport Decisions
may also be made with a check or money order but services will not be provided until the money is in Sport Decisions
6. Ownership, Copyright and Intellectual Property
Sport Decisions, as Proprietor. Sport Decisions is the exclusive owner and proprietor of any services and all
components thereof. The services are offered to you by SDI for limited use pursuant to these Terms of Service.
All rights, titles, copyrights, and interest in and to the services and portions thereof (including but not limited
to all creations, characters, output, designs, functions, logos, text, button icons, banners, autonomous beings,
battles, "applets", graphics, images, photographs, illustrations, animation, video/audio or audio visual works,
ideas, systems logic, know how, technique, algorithm, concept, information, or any other content, any underlying
elements, source code, script, object code, software, computer programs, or other underlying sets of statements or
instructions, processes whether virtual, digital, or tangible or any intellectual property whatsoever) remain the
sole property of Sport Decisions. The services are owned by Sport Decisions and are protected by applicable domestic
and international copyright, trademarks, service marks, patents and/or other proprietary or intellectual property
rights and laws. SDI grants you a non-exclusive, non-transferable, limited right and license to use our services.
Sport Decisions grants you this license for the limited purpose of your personal use only, and not for any commercial
purpose. You represent that you are not a business entity (e.g. corporation, partnership, limited liability company,
sole proprietorship). No business entity is licensed to use our services. The services are only licensed for use
natural human individuals in their personal capacity. Unless expressly specified in writing executed by an authorized
representative (executive officer) of Sport Decisions, you shall not share with a third party, copy, distribute,
publish, perform, modify, decode, reverse engineer, decompile, disassemble, translate, download, transmit, transfer,
loan, rent, lease, lend, sell, or license, reproduce, create derivative works from or based on, distribute, email,
post, publicly display, frame, link, or in any other way exploit, share, or transfer any services in whole or in part.
Any rights not expressly granted to you herein are reserved. Any violations may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
7. Disclaimer of Warranties
You expressly agree that use of Sport Decisions services is at your sole risk. Sport Decisions offers its services
for entertainment purposes only. Services are provided "AS AVALIABLE" and "AS IS" and with all faults. SDI expressly
disclaims all promises, representations, assurances, and warranties of any kind, express or implied, including without
limitation any warranties of title or warranties of merchantability, fitness for a particular purpose, or noninfringement.
Sport Decisions makes no warranty that any services or transactions entered into through SDI will meet your requirements
or expectations, be timely, verified, secure, uninterrupted, free from viruses or security breaches, or error free: nor
does SDI make any warranty or representation as to the results that may be obtained from the use of content or services
or as to the accuracy, integrity, or reliability of any services, ideas, or content obtained through Sport Decisions
or services or any transactions entered into through SDI. Sport Decisions makes no warranty that defects or errors
will be corrected. You understand and agree that any material and/or data obtained through the use of services is
at your own discretion and risk and that the you will be solely responsible for any damages including but not limited
to any damages to your computer system or loss of data that results from any use of the service. Sport Decisions
assumes no responsibility for any actions or decisions (or lack thereof) based on the services. You expressly
agree that the entire risk as to the quality and performance of the services and the accuracy or completeness
of the services is assumed solely by you. SDI assumes no responsibility for any deletions or misdeliveries.
Sport Decisions does not warrant the truth or validity of the service, information, or advice obtained from
SDI or services. SDI makes no warranty regarding any services purchased or made available through SDI or any
transactions entered through Sport Decisions. No service, advice, information, or suggestions whether oral or
written obtained by you from Sport Decisions or through our services shall create any warranty not expressly made
8. Limited Liability
Under no circumstances shall Sport Decisions or any of its subsidiaries, affiliates, assigns, officers, directors,
employees, sales persons, assessors, suppliers, programmers, advisors, consultants or agents be liable to you or any
third party for any damages whatsoever (including without limitation direct, indirect, incidental, special, exemplary,
consequential, or punitive damages of any kind, including but not limited to lost profits, use, data, the cost of
procurement of substitute services, business interruption, damage to or loss of property, personal injury,
increased costs, failure to realize savings, liability to a third party arising from any source, damage to
business reputation or goodwill, loss of information, or other pecuniary or intangible loss) whether in contract
or in tort, including negligence, arising in an any way out of or in connection with our services or these Terms
of Service (including but not limited to your or any third party's use or inability to use the services, any services
purchased or obtained through Sport Decisions, or messages or information received from SDI, or transactions entered
into through SDI, loss of, unauthorized access to, or alteration of, your transmissions of data), however arising
including negligence, regardless of whether Sport Decisions has been advised of the possibility of such damages or
whether such damages were foreseeable at the time of this Agreement. Without limiting the foregoing, in no event
will the liability of Sport Decisions or its suppliers to you or any third parties arising out of or in connection
with our services, or these Terms of Service however arising, including negligence, exceed (A) the amount of fees
you paid to us for the service, or (B) $100. This limitation of liability is intended to apply without regard to
whether other provisions of this Agreement have been breached or have been proven ineffective.
Without waiving the exclusive governing clause below, some states do not allow exclusion of implied warranties
or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may
not apply to you. In such states the liability of SDI shall be limited to the greatest extent of the law.
9. Governing Law
These Terms of Service will be governed and interpreted by and constructed in accordance with the laws of the State of
Pennsylvania without giving effect to any choice of law principles that would require the application of the laws of a
different state. You agree that personal and exclusive jurisdiction for litigation of any dispute, controversy or
claim arising out of or related in any way with these Terms of Service or any services, shall be filed and heard solely
in a federal, state, or local court having subject matter jurisdiction located in Allegany County, Pennsylvania, USA.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent
of such section. Any waiver of any provision of this Agreement will be effective only if in writing by an
authorized representative (executive officer) of Sport Decisions. You further agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or any other
agreement between you and SDI or your use of services must be filed within one (1) year after such claim or cause of
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be
unenforceable or invalid, such provision(s) shall changed and interpreted so as best to accomplish the original
objectives of the parties in accordance with applicable law. The provision(s) shall be adjusted to the minimum
extent necessary to cure such invalidity. The remainder of these Terms of Services shall not in any way be affected
or impaired and will remain in full force and effect.
Any delay, forbearance, or failure by SDI in exercising any right, power, or privilege hereunder shall not be deemed
as a waiver or relinquishment of that right, power, or privilege in that or any other instance, rather the same will
be in full force and effect. Any waiver by SDI (specified in writing executed by an authorized representative,
executive officer, of Sport Decisions) of any default or breach of this Agreement shall not constitute a waiver
of any other or subsequent default or breach.
You agree to indemnify, defend and hold harmless Sport Decisions and its subsidiaries, affiliates, assigns, officers,
directors, employees, sales persons, assessors, suppliers, programmers, advisors, consultants and agents from any and
all third party claims and/or demands, liability losses, damages and/or costs (including but not limited to, attorneys
fees) however caused, arising from your use of the services, your violation of these Terms of Service, or your
violation of any third party's rights, including without limitation, infringement by you or any other user of your
services of any intellectual property or other right of any person or entity. These Terms of Service will inure to
the benefit of Sport Decisions successors, assigns, and licensees.
updated from time to time without prior notice to you. It is your sole responsibility to remain up-to-date on the
right to offer you third party products and services.
Sport Decisions shall be entitled to its legal fees, costs and expenses in defending and enforcing these Terms of
Service against you, your customers, assigns, successors, purchasers or lessees. Any rights not expressly granted
herein are reserved. These Terms of Service together with any additional terms and conditions or policies referred
constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and
replaces all prior contemporaneous proposals, representations, understandings or agreements, written or oral,
regarding such subject matter.
way using, reading, having, licensing or owning any services (including Sport Decisions' websites and any public
Forums) or any portion thereof you are agreeing that you have carefully read, understand and agree to these Terms