Terms of Service
This Terms of Service (the "Terms") is a binding agreement between you ("User" or "you") and Juniorflip Technologies LLC, a Texas limited liability company doing business as SportSquares.net ("SportSquares"). These Terms govern your use of SportSquares's website sportsquares.net (the "Site"), SportSquares' native applications for iOS, Android, and Fire TV (collectively, the "Apps"), and the sports squares Contest hosting and management services made available through the Site and the Apps (together with the Site and the Apps, the "Services"). The Services are licensed, not sold, to you.
THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 32 THAT REQUIRES, WITH LIMITED EXCEPTIONS, THAT ANY PAST, PENDING, OR FUTURE DISPUTE BETWEEN YOU AND SPORTSQUARES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE OR MEMBER, OR AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 32.6.
BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE SPORTSQUARES PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.
1. License Grant
Subject to these Terms, SportSquares grants you a limited, non-exclusive, non-transferable, and revocable license to use the Site and the Apps for your personal, non-commercial, entertainment use on Devices owned or otherwise controlled by you ("Device(s)") and to use the Services strictly in accordance with these Terms.
2. Modification to these Terms and the Services
SportSquares may, at its sole discretion, change these Terms, including the SportSquares Privacy Policy, from time to time. If changes occur, we will notify you by email to the email affiliated with your account. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.
Additionally, SportSquares reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, any particular Contest template, feature, or functionality), whether temporarily or permanently at any time for any reason, with or without notice to you. You agree that SportSquares shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to the Site in order to continue to use the Services. SportSquares may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate Users without notice or liability.
3. Description of Services; Sports Squares Contests
SportSquares provides a software-as-a-service platform, delivered through the Site and the Apps, that allows a User to create, host, and manage sports "squares" style contests and other similar sports-themed contests (each, a "Contest") in connection with professional, collegiate, and other sporting events, including international competitions, for which live scoring data is available, and that allows other Users to join and participate in a Contest. A User who creates and administers a Contest (a "Commissioner") controls the settings, participant list, square assignments, rules, and other elements of that Commissioner's Contest (together the Commissioner and the participants are "Users" and each a "User"). Each Contest is private and is run at the sole discretion of its Commissioner. By joining a Contest, you acknowledge and agree that the Commissioner has full control over the administration of that Contest, and you must direct any questions, disputes, or concerns regarding a specific Contest to the Commissioner, and not to SportSquares. For the avoidance of doubt, any and all disputes or discrepancies between Commissioner and Users or between other Users are the absolute and sole responsibility of such Users and you agree that SportSquares shall not be responsible, liable, or in any way involved in any such dispute or resolution process.
SportSquares is an infrastructure and technology service only. In connection with a Contest, SportSquares builds and hosts the Contest grid, allows the Commissioner to invite participants, retrieves live scores and related data from one or more third-party sports-data providers, and automatically marks winning squares based on that data. SportSquares does not collect any entry fee, wager, or other consideration from participants, does not hold or administer any prize pool, and does not distribute any prize. The Site and Apps are for entertainment purposes only and are not intended or provided for use for illegal gambling purposes. All Users hereby agree to only use the Services in accordance with federal and state law in the state in which they access the Services.
SportSquares charges a one-time technology-access fee to Commissioners to create and activate a Contest, as further described in Section 8 (Fees and Payment). Live scores and related data are supplied by third-party sports-data providers and may be delayed, interrupted, or inaccurate, as further described in Section 22 (Third-Party Materials).
4. Entertainment Purposes Only; No Gambling
THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY, AND SPORTSQUARES IS AN INFRASTRUCTURE SERVICE ONLY. The technology-access fee charged to Commissioners and described in Section 8 (Fees and Payment) is charged solely for use of the Services and is not an entry fee, wager, or buy-in. SportSquares does not charge participants any entry fee, wager, or other consideration to join a Contest, and SportSquares does not offer, administer, sponsor, or pay out any cash or cash-equivalent prizes in connection with any Contest. SportSquares does not operate, sponsor, or endorse any form of gambling, wagering, or betting, and the Services may not be used in connection with any illegal gambling, wagering, or lottery activity.
Any prizes that a Commissioner or participants choose to arrange among themselves in connection with a Contest are made entirely outside of the Services, are not sponsored, administered, facilitated, or endorsed by SportSquares, and are the sole responsibility of the individuals involved. You are solely responsible for determining whether your participation in, or administration of, any such arrangement complies with the laws of your jurisdiction, and you agree that SportSquares has no liability whatsoever arising from any such arrangement.
You hereby release SportSquares, and its officers, directors, employees, agents, and affiliates, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute between you and a Commissioner or any other participant. If you are a resident of California, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
5. Communications
You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.
6. User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit, if any, will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Terms; (4) you are at least twenty-one (21) years old and are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate these Terms or any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, SportSquares has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) without liability and with or without notice.
You further represent and warrant that you are not accessing or using the Services on behalf of any federal, state, or local government or public-sector entity, unless you have separately entered into a written agreement with SportSquares authorizing such use. SportSquares may require you to attest to your age and to the foregoing representations as a condition of creating an Account or a Contest, and SportSquares reserves the right to suspend or terminate, without liability and with or without notice, the Account of any person it determines, in its sole discretion, does not meet these requirements.
7. SportSquares Account
You may access the Site without registering for an account, and an invited participant may join a Contest as a guest through an invite link or QR code without creating an account. However, as a condition of creating and hosting a Contest, you are required to create a SportSquares account (an "Account"). SportSquares reserves the right to require any or all Users create an Account to access or participate in a Contest in its sole and absolute discretion.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to SportSquares immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. SportSquares cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
8. Fees and Payment
SportSquares charges a one-time technology-access fee to Commissioners to create and activate a Contest, which may include optional add-on features made available at checkout (for example, an advanced invitations feature). The applicable fees for any Contest and any optional add-on features will be displayed to you before you complete your purchase, and your completion of a purchase constitutes your agreement to pay the fees shown. All fees are one-time, per-Contest charges unless otherwise expressly disclosed prior to purchase; SportSquares does not currently offer subscriptions or recurring billing for the Services.
All payments are processed exclusively through SportSquares' third-party payment processor. SportSquares does not accept cash, checks, or other off-platform payment, and does not store your payment card information. A Contest will not be activated until payment has been successfully completed, and any incomplete or unpaid Contest setup may be automatically removed. SportSquares does not charge late fees or penalties, as fees are paid in full at the time of purchase.
SportSquares reserves the right to change its fees and pricing structure at any time, provided that any such change will apply prospectively to Contests created after the change takes effect. If SportSquares introduces subscriptions or other new paid functionality in the future, additional terms governing payment, fees, and refunds for such functionality will be presented to you at the time such functionality is offered, and your purchase will constitute your acceptance of those additional terms.
If SportSquares must pursue collection of any unpaid, reversed, or charged-back fees, you agree to reimburse SportSquares for its reasonable attorneys' fees and collection costs incurred in doing so.
9. Refund Policy
SportSquares does not authorize or support the processing of any entry fee, wager, or prize pool, and therefore SportSquares is not responsible or in any way liable for any such arrangement or refund thereof. With respect to the technology-access fee and any add-on fees paid to SportSquares: (a) if a Contest is claimed (activated and used) but a verified technical issue with the Services prevented the Contest from functioning as intended, you may request a refund within thirty (30) days of your purchase; and (b) if a Contest is unclaimed or otherwise unused following purchase, you may request a refund within three (3) months of your purchase. To request a refund, contact SportSquares as described in Section 36 (Contact). SportSquares will evaluate refund requests in good faith and reserves the right to approve or deny a request, in whole or in part, based on the circumstances presented. All decisions are final in SportSquares' sole and absolute discretion.
10. Support Services
SportSquares provides customer support by email and through a web-based support-ticket portal, along with self-service help content that may include frequently asked questions, "how it works" guidance, and instructional videos (collectively, "Support Materials"). The Support Materials are self-service resources provided solely to help you use the Services; they do not constitute consulting, training, implementation, or other professional services, and SportSquares does not offer any such professional services. SportSquares does not commit to any specific service levels, response times, or uptime guarantees, and provides support on a commercially reasonable, best-efforts basis only.
11. License Restrictions
You shall not:
- use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services
- use the Services for any illegal purpose, or in violation of any local, state, national, or international law
- copy any portion of the Services, except as expressly permitted by this license
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof
- rent, lease, lend, sell, sublicense, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services
- directly or indirectly take any action that imposes or may impose (as determined by SportSquares in its sole discretion) an unreasonable or disproportionately large load on SportSquares or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run mail list, listserv, or any form of auto-responder or "spam" on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services
- create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account
- sell, resell, or make available to any third party, in exchange for anything of value, any data or information obtained through use of the Services, including any Contest, participant, or User Content data
- use the Services to operate, promote, advertise, or facilitate any Contest that requires a participant to pay any entry fee or other consideration in order to participate or to be eligible to win a prize, or that otherwise constitutes gambling, wagering, or a lottery under applicable law
- use any Contest data, sports data, live scores, or other outputs made available through the Services to develop, or assist a third party in developing, a product or service that competes with the Services
If for any reason, SportSquares determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you without liability and with or without notice to you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
12. Services Management
SportSquares reserves the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Contest, User Content, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable any Contest or User Content that is excessive in size or is in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. Reservation of Rights
You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. SportSquares, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
14. Content and User Content
Through the Services, or via other Users, SportSquares may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). You have no rights in or to the Content other than as permitted herein to use or access the Services.
You retain your rights to any content you submit, post or display on or through the Services ("User Content"). SportSquares does not receive any rights to the User Content except for the limited rights that enable SportSquares to offer its Services. SportSquares requires your permission to host, back up, and share User Content. You hereby give SportSquares permission to do these activities, and this permission extends to our affiliates and trusted third parties with which SportSquares works.
When you create, submit, or make available any User Content (including any Contest name, participant list, or display name), you represent and warrant that your User Content:
- does not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party
- is not false, inaccurate, or misleading
- is not unsolicited or unauthorized advertising, promotional material, a pyramid scheme, a chain letter, spam, or other form of solicitation
- is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by SportSquares)
- does not ridicule, mock, disparage, intimidate, or abuse anyone, and does not promote violence against, or threaten, any person or group
- does not violate any applicable law, regulation, or rule, including any law concerning child pornography or otherwise intended to protect the health or well-being of minors
- does not violate the privacy or publicity rights of any third party
- does not include any offensive comments connected to race, national origin, gender, sexual orientation, religion, or disability
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, removal of User Content, termination or suspension of your Account and rights to use the Services with or without notice to you.
15. User Data
SportSquares will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, including Contest data. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any Contest or other activity you have undertaken using the Services. You agree that SportSquares shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against SportSquares arising from any such loss or corruption of data. SportSquares retains Account and Contest data for the periods described in the SportSquares Privacy Policy, which sets out category-based retention periods for different types of data. Because SportSquares maintains backups on a rolling cycle, residual copies of your data may remain in encrypted backups for a limited period after a deletion request is processed.
16. Collection and Use of Your Information
You acknowledge that when you use the Site, SportSquares uses automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the SportSquares Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the SportSquares Privacy Policy.
17. Digital Millennium Copyright Act (DMCA) Notice and Policy
SportSquares respects the intellectual property rights of others.
17.1 Notifications. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of 17 U.S.C. § 512(c)(3) and include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SportSquares to locate the material; (4) information reasonably sufficient to permit SportSquares to contact you, such as an address, telephone number, and email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in the Notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
17.2 Counter Notification. If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a "Counter Notification"). To be effective, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the federal district court in which your address is located, or if outside the United States, for any judicial district in which SportSquares is located; (3) a statement that you will accept service of process from the person who filed the Notification; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and (6) your physical or electronic signature. If SportSquares receives a valid, written Counter Notification meeting the requirements described above, we will restore the removed or disabled material, unless we first receive notice from the party that filed the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. If you materially misrepresent that content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees. Filing a false Counter Notification may constitute perjury.
17.3 Designated Copyright Agent. Notifications and Counter Notifications should be sent to SportSquares' Designated Copyright Agent at support@sportsquares.net.
18. Geographic Restrictions
The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
19. Updates
SportSquares may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that SportSquares has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.
20. Service Interruption
SportSquares will make every effort to provide uninterrupted access to the Services. However, SportSquares makes no guarantee that the Services will be available at all times. Events such as high website traffic, denial-of-service attacks, power outages, natural disasters, changes in law, or labor disputes may, from time to time, prevent access to the Services from all or part of the Internet. SportSquares will make reasonable efforts to restore access as soon as possible where the cause of the interruption is within its control. SportSquares will not accept responsibility for any consequences resulting from disruptions in the Services.
21. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including with respect to Contest data, schedules, standings, or other information. SportSquares reserves the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.
22. Third-Party Materials
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that SportSquares is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. SportSquares does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Live scores, team names, team logos, and related sports data displayed through the Services are supplied by one or more third-party sports-data providers and constitute Third-Party Materials. Such data may be delayed, interrupted, incomplete, or inaccurate, and SportSquares does not guarantee its timeliness or accuracy. Team names and logos may be subject to additional restrictions imposed by the applicable sports-data provider or rights holder, and your use of the Services does not grant you any rights in such team names or logos beyond viewing them in connection with your use of the Services. All team names, logos, and other marks displayed through the Services remain the property of their respective owners, and their display does not imply any sponsorship, endorsement, or affiliation between SportSquares and the applicable team, league, or organization.
If you access the Services through an App obtained from the Apple App Store, Google Play, or the Amazon Appstore (each, an "App Marketplace"), your use of that App is also subject to the applicable App Marketplace's terms of service. You acknowledge that: (a) these Terms are between you and SportSquares only, and not with the App Marketplace; (b) the App Marketplace has no obligation to furnish any maintenance or support services with respect to the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify the App Marketplace, and the App Marketplace may refund the purchase price (if any) for the App to you, and, to the maximum extent permitted by applicable law, the App Marketplace will have no other warranty obligation with respect to the App; (d) SportSquares, and not the App Marketplace, is responsible for addressing any claims relating to the App or your possession or use of it; (e) the App Marketplace is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation; and (f) the applicable App Marketplace and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App, and each App Marketplace will have the right to enforce these Terms against you as a third-party beneficiary thereof.
23. Term and Termination
The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or SportSquares as set forth in this section. You may cancel your Account at any time through your Account settings. We may suspend or cancel your Account with or without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct (including using or attempting to use the Services for illegal gambling or to process wagers or prize pools), you engage in fraud or initiate a payment dispute or chargeback that SportSquares determines in good faith to be unwarranted, or our provision of the Services to you is no longer commercially viable. SportSquares reserves the right to remove your Account information along with any Account settings from our servers with NO liability or further notice to you. Upon termination of your Account, your license to use SportSquares's Services terminates.
24. Non-Transferability
Your Account is personal to you and is not transferable, and you may not permit any other person to access or use your Account. Your Account and any associated rights under these Terms terminate immediately upon your death, and SportSquares does not offer any legacy contact, account transfer, or successor-access process with respect to any Account. This statement is intended to serve as your directive under any applicable law governing fiduciary or third-party access to digital assets, including the Texas Revised Uniform Fiduciary Access to Digital Assets Act, and controls over any default access rules that might otherwise apply.
25. Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SPORTSQUARES, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SPORTSQUARES PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
26. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL SPORTSQUARES, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, SPORTSQUARES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
27. Indemnification
You agree to indemnify, defend, and hold harmless SportSquares and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "SportSquares Parties") from and against any and all third-party claims, demands, suits, or proceedings, and any resulting losses, damages, liabilities, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of any kind (including reasonable attorneys' fees) incurred by the SportSquares Parties arising out of or relating to any third-party claim based on: (a) your access to or use of the Services; (b) your breach of these Terms; (c) any unlawful use of the Services, including use in connection with illegal gambling, or the processing of wagers, entry fees, or prize pools off-platform; (d) any User Content you submit, post, or transmit through the Services; (e) any dispute between you and another participant or Commissioner; and (f) any use of bots, scripts, or other automated means to access or interact with the Services or SportSquares' billing systems in violation of these Terms. SportSquares reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with SportSquares' defense of such matter.
28. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending SportSquares emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications SportSquares provides to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY SPORTSQUARES OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
29. Severability
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
30. US Government Rights
The Services are a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end Users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
31. Governing Law
These Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Subject to Section 32 (Binding Arbitration Agreement and Class Action Waiver), any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Denton County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
32. Binding Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. THIS SECTION SETS FORTH HOW PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND SPORTSQUARES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER, OR PART OF ANY PROPOSED CLASS, PRIVATE ATTORNEY GENERAL SUIT, OR ANY REPRESENTATIVE PROCEEDING. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
32.1 Scope of the Agreement to Arbitrate. You and SportSquares agree that any past, pending, or future dispute, claim, or controversy arising out of or relating to your access to or use of the Site or Services, any Contest, or otherwise arising from or relating to these Terms or the SportSquares Privacy Policy (including any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) (a "Dispute"), shall be determined by arbitration, except that you and SportSquares are not required to arbitrate any Dispute in which (a) the dispute qualifies for initiation in small claims court, (b) either party seeks to enforce or protect, or concerning the validity of, any intellectual property rights of a party, (c) the Dispute relates to, or arises from, allegations of theft, piracy, invasion of privacy, or unauthorized use, (d) either party seeks injunctive relief, or (e) you opt out of these arbitration procedures as described in Section 32.6. In the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Section 32 or its provisions, as well as the arbitrability of any claims — you and SportSquares agree and delegate to the arbitrator the exclusive jurisdiction to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Section 32, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
32.2 Separate Agreement. This Section 32 is a separate agreement between the parties governed by the Federal Arbitration Act. Any alleged or determined invalidity or unenforceability of all or any part of the remainder of these Terms has no effect on the validity or enforceability of this Section 32.
32.3 Pre-Arbitration Notice. Before initiating an arbitration or a permitted court proceeding, a party must first send the other a written Notice of Dispute ("Notice") describing the nature of the claim and the relief sought. Notice to SportSquares should be sent by email to support@sportsquares.net. The parties agree to attempt in good faith to resolve the Dispute within 60 days after the Notice is received. If the Dispute is not resolved within that time, either party may commence arbitration. Compliance with this Section 32.3 is a condition precedent to initiating arbitration.
32.4 Initiating Arbitration. If a Dispute is not resolved under Section 32.3, either party may initiate binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org), except as modified by this Section 32. If the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to, or a court shall select, another arbitration provider.
32.5 Mass Filing and Batching Process. For purposes of efficient administration, in the event twenty-five (25) or more substantially similar demands for arbitration are filed by or with the assistance or coordination of the same law firm, group of law firms, or organization (a "Mass Filing"), the parties agree that: (1) the arbitration provider shall administer the Mass Filing in batches of twenty-five (25) demands per batch (if, after batching, fewer than twenty-five demands remain, the final batch will consist of the remaining demands); (2) a single, different arbitrator shall be designated for each batch, selected in accordance with the applicable arbitration rules; (3) no demand for arbitration that is part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of twenty-five is filed, processed, and adjudicated; and (4) any arbitration fees associated with a demand included in a Mass Filing shall only be assessed once that demand is included in a properly designated batch. The parties agree to cooperate in good faith to implement this batching procedure. If the batching procedure is found invalid, unenforceable, or illegal, the entire agreement to arbitrate shall be null and void as to any claim that is, or if filed would have been, part of the Mass Filing; the waiver of class and representative actions in Section 32.8 shall nonetheless remain in force and continue to govern any such claims brought in court.
32.6 Opt-Out. If you do not wish to be bound by this arbitration agreement, you must notify SportSquares in writing within thirty (30) days of the date you first accept these Terms by sending an email to support@sportsquares.net with the words "ARBITRATION OPT-OUT" in the subject line, and including in the body of the email (1) your full name, (2) the email address associated with your Account, and (3) a clear statement that you wish to opt out of arbitration. If you opt out of the arbitration agreement, all other parts of these Terms will continue to apply to you. Opting out of this arbitration agreement will not affect your relationship with SportSquares. Opt-out requests received after the 30-day deadline will not be valid, and you must pursue any Dispute in arbitration or small claims court.
32.7 Location and Procedures. Unless you and SportSquares agree otherwise, the arbitration will be conducted in Denton County, Texas. If you are an individual residing in the United States, you may instead request that the arbitration be conducted by telephone or videoconference, or at a location reasonably convenient to you. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit and that are not waivable under applicable law, provided that any relief must be individualized to you and shall not affect any other person. Except as required by law, the arbitration proceeding and any award shall be treated as confidential.
32.8 Waiver of Class and Representative Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR SPORTSQUARES MAY BRING, CONSOLIDATE, JOIN, OR COORDINATE A DISPUTE WITH THE DISPUTE OF ANY OTHER PERSON, OR PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU MAY ARBITRATE OR LITIGATE ONLY ON AN INDIVIDUAL BASIS AND ONLY FOR YOUR OWN LOSSES. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
32.9 Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR THESE TERMS.
32.10 Severability of Arbitration Agreement. If any part of this Section 32 is found to be illegal, invalid, or unenforceable, that part shall be severed, and the remainder of this Section 32 shall remain in full force and effect; provided, that if the waiver of class and representative actions in Section 32.8 is found unenforceable with respect to a particular Dispute, then this entire Section 32 (other than this sentence) shall not apply to that Dispute, and the Dispute shall be resolved in the courts identified in Section 31 (Governing Law).
32.11 Governing Law of this Section. This Section 32 is governed by the Federal Arbitration Act. To the extent state law applies to any issue not governed by the Federal Arbitration Act, the laws of the State of Texas shall apply, without regard to its conflict of laws principles.
32.12 Time Limit on Claims. In no event shall any Dispute brought by you arising out of or in any way related to the Services or these Terms be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts identified in Section 31 (Governing Law), and the parties agree to submit to the personal jurisdiction of that court.
33. California Users and Residents
If you are a resident of California and any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
34. Entire Agreement
These Terms, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and SportSquares with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site. In the event of a conflict between these Terms and any Contest-specific settings or rules established by a Commissioner, such Contest-specific settings or rules will control solely as to the administration of that Commissioner's Contest, except that this Section 32 (Binding Arbitration Agreement and Class Action Waiver) shall control over any express or perceived conflict.
35. Miscellaneous
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern. You shall not assign, transfer, delegate, or subcontract any of your rights or obligations under these Terms without the prior written consent of SportSquares. SportSquares may assign any or all of its rights and obligations under these Terms to others at any time without your consent. SportSquares shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control, including the postponement, cancellation, or rescheduling of a sporting event by a league or governing body, and any outage or disruption of any third-party sports-data, hosting, or payment-processing provider. There is no joint venture, partnership, employment, or agency relationship created between you and SportSquares as a result of these Terms or use of the Services. You agree that these Terms will not be construed against SportSquares by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties to execute these Terms.
36. Contact
If you have any questions regarding these Terms, please contact us:
Juniorflip Technologies LLC (SportSquares.net)
Email: support@sportsquares.net
For support inquiries, visit our Support page.