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AdvancedSportistics.com Terms of Service
August 26, 2015

Introduction
The following Terms of Use outline your obligations when using the AdvancedSportistics.com website. You can also review our Privacy Policy, which outlines our obligations and practices when handling any personal information that you provide to us.

Acceptance of Terms
The web site, consisting of all webpages contained within the AdvancedSportistics.com domain name (“Site”), are owned by Ward Analytics LLC, 36 Regent Road, Malden, MA 02148. By accessing the Site, or using any of its services, you agree to these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use any of its services.

Modification of Terms of Use
AdvanceSportistics.com may modify the Terms of Use from time to time without notice to you. Please check these Terms of Use regularly, as you are responsible for reviewing any modifications. By using the Site following modification to the Terms of Use, you accept all conditions of the modified Terms of Use.

Requirements
You hereby represent and warrant that you are a natural person and that you are fully able to enter into all Terms of Use of this Site and its services. In order to register at AdvancedSportistics.com, you must meet the following requirements:
  • You must be at least eighteen (18) years of age, or at least nineteen (19) years of age if a resident of Alabama or Nebraska
  • You must be able to enter into legally binding contracts under applicable law
  • You must be a citizen or resident of the United States
  • You must be physically located in the United States
  • You must reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law
  • You must not be a resident of the states of Arizona, Iowa, Louisiana, Montana, or Washington to deposit money or enter leagues with a prize or entry fee.
Professional Leagues
No professional sports league nor any team associated with any professional sports league is a sponsor or in any way affiliated with this Site or its services.

Description of AdvancedSportistics.com Services
The features and services of the Site may be modified or deleted from time to time at our discretion. An AdvancedSportistics.com Username and Password will enable you to use the Site’s services. The services provided by AdvancedSportistics.com to users with a registered Username or Password include, but are not limited to:
  • Viewable Content including blog
  • Interactive Features such as contact form
  • Daily salary-cap fantasy sports games involving players from certain professional baseball, basketball, football and hockey leagues (“Contests”)
Access to Services
In order to use the Site or any of its services you must obtain access to the World Wide Web, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The Site and services are subject to transmission limitations of the Internet. AdvancedSportistics.com is not responsible for:
  • Failures, including public utility or telephone outages
  • Omissions, interruptions, latency, deletions or defects of any telephone system or network, computer or online systems, data, computer equipment, servers, providers or software
  • Any incorrect, invalid or inaccurate entry information
  • Human errors
  • Technical malfunctions
  • Any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from use of the AdvancedSportistics.com Site or any of its services
  • Inability to access any part of the AdvancedSportistics.com Site or any of its services
  • Theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind
  • Typographical, printing or other errors, or any combination thereof
  • Lost, late, illegibile, misdirected, damaged, incomplete, incorrect or stolen entries.
You acknowledge and agree that AdvancedSportistics.com is not responsible or liable in any manner whatsoever for your inability to use the Contests.

The failure of AdvancedSportistics.com to comply with any provision of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of AdvancedSportistics.com (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.

Bypassing or Disabling any Portion of the Site
If you bypass or disable any portion of the Site or associated software including, without limitation, the blocking of cookies or the operation of any other AdvancedSportistics.com systems, or you attempt to circumvent or tamper with AdvancedSportistics.com's systems in any way, you are in violation of the Agreement and AdvancedSportistics.com may suspend or terminate your AdvancedSportistics.com Account without notice. Termination of your AdvancedSportistics.com Account will not excuse you from any criminal or other civil liabilities that may result from your actions. If your AdvancedSportistics.com Account is terminated for any reason you will thereafter be unable to access the AdvancedSportistics.com Services.

Third-Party Websites.
The Site contains links to other websites on the Internet that are owned and operated by third parties. AdvancedSportistics.com does not endorse any of these sites. AdvancedSportistics.com does not control these sites and services, and you acknowledge and agree that AdvancedSportistics.com is not responsible for the information, products or services available on these third party websites. As well, you agree that AdvancedSportistics.com is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party. You further acknowledge and agree that AdvancedSportistics.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Registration / Account
You must register for an account in order to participate in any contest on the Site. By registering, you agree to provide accurate, current and complete information in all fields required on the registration form. The required registration information may include some or all of the following:
  • Your full name
  • Email address
  • Date of birth
  • State of residence
  • Any other information requested on the registration form
You agree to keep your registration information accurate, current and complete at all times. If AdvancedSportistics.com reasonably suspects that such information is inaccurate, not current or incomplete, AdvancedSportistics.com may deny you access to areas requiring registration and may withhold or revoke any prizes at its sole discretion. In addition, AdvancedSportistics.com reserves the right, in its sole discretion, to deny access to any of the Site’s services to anyone at any time for any reason whatsoever.

During registration, you will be asked to provide a Username and Password as your account identification. You may use only your own Username and Password to access the Site. You are responsible for maintaining the confidentiality of your AdvancedSportistics.com Username and Password and for restricting access to your computer. You accept responsibility for all activities that occur through use of your AdvancedSportistics.com Username and Password. You agree that AdvancedSportistics.com is authorized to act on instructions received through your Username and Password. AdvancedSportistics.com will not be liable for any loss or damage arising from your failure to comply with this Section. You must immediately notify AdvancedSportistics.com of any unauthorized use of your Username and Password or any other breach of security. AdvancedSportistics.com may, but is not obligated to, deny access or block any action made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

You may establish at most one account to access the website or use any of its services. AdvancedSportistics.com reserves the right to suspend any or all of your accounts and withhold or revoke any prizes if it discovers that you have opened more than one account.

AdvancedSportistics.com Contests
AdvancedSportistics.com offers many different types of contests. The AdvancedSportistics.com Contests can be played for free (“Free Contests”) or for an entry fee (“Paid Entry Contests”). Entrants in Paid Entry Contests have a chance to win cash prizes. For each contest, the entry fees, league sizes, start date, start time, and prizes are displayed on the league choice page prior to an Entrant's selection of and entry into such a league. To participate in an AdvancedSportistics.com Contest, you must register for the AdvancedSportistics.com Contest before the applicable Contest’s start time. In addition, to join Paid Entry Contests, you must pay the applicable entry fee in advance of that AdvancedSportistics.com Contest’s start time. Each AdvancedSportistics.com Contest has a limited number of openings, and entrants will be accepted on a first come, first served basis. Contests that do not attract the requisite number of entrants will be cancelled, and any and all entry fees will be fully refunded.

Game of Skill
All fantasy sports contests at AdvancedSportistics.com are games of skill. Winners are determined by the criteria stated in each contest’s rules. See Rules for game rules and more information. Contest winners use their skill and knowledge of professional sports and fantasy sports to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. The Site or any of its services may not be used for gambling of any kind.

Deposits and Billing
Upon making a deposit at AdvancedSportistics.com, the credit or debit card or other payment method will be charged the applicable amount, and this amount will be credited to your AdvancedSportistics.com account. All Fees and deposits are payable in United States currency.

Upon registering for a Paid Entry Contest, the entry fee will be deducted from your AdvancedSportistics.com account balance. Failure to complete entry in the applicable AdvancedSportistics.com Contest does not constitute a basis for refusing to pay any of the associated Entry Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of AdvancedSportistics.com in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), AdvancedSportistics.com reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the AdvancedSportistics.com Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

Withdrawals
Users can withdraw money by check. We also may conduct checks for compliance with the Terms of Service, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. A withdrawal fee of 20% will be assessed on withdrawals made before entering Contests whose total entry fees equal the value of deposits made. If you have played Paid-Entry Contests with entry fees totaling more than your total deposits, then no withdrawal fee will be assessed. In cases where you have received a bonus or other benefits as a result of your deposit and have not yet entered Contests whose total entry fees equal the value of lifetime deposits, we reserve the right to refuse the withdrawal. AdvancedSportistics.com will not process withdrawal requests for less than $100 for users who have never made a deposit. Pending bonus is not eligible for withdrawal.

Contest Entry Fees
Each Paid Entry Contest has an entry fee listed in US dollars. When you register for a Paid Entry Contest, that amount in US dollars will be debited from your AdvancedSportistics.com account balance. After selecting a team, follow the instructions provided to complete your registration for a contest. If there is a dispute regarding the identity of the person who submitted a contest entry, the entry will be deemed submitted by the person in whose Username the entry was submitted. If possession of the Username itself is contested, the name in which the email address on file was registered with the email service provider will be used instead. See the above Registration / Account section for more information on unauthorized activity on your account.

Scoring and Prizes
After each Paid Entry Contest ends, prizes are awarded to the winners as determined by AdvancedSportistics.com based on the posted contest details. Prizes are generally awarded by 10:00 AM ET on the day following the contest’s start date. Prizes are awarded as a credit to the winning users’ account balances. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.

Prizes and fantasy point calculations are based on results as tabulated by AdvancedSportistics.com at the time when final scoring is tabulated. Once prizes are awarded, the results will not be changed regardless of any official adjustments made by the professional leagues. All determinations of points, winners and payouts are made at the sole discretion of AdvancedSportistics.com, and are final and binding on you. As well, you acknowledge and agree that AdvancedSportistics.com is not responsible or liable in any way for your inability to use the AdvancedSportistics.com Site or any of its services.

Prizes may not be transferred or substituted. You are responsible for paying all taxes associated with the receipt or use of any prize awarded to you. Winners may be requested to return an affidavit of eligibility and appropriate tax forms before prizes are awarded. Failure to comply with this requirement can result in disqualification, or withholding or revoking or prizes. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, AdvancedSportistics.com reserves the right in its sole discretion to determine whether or not to award such prizes.

Winners are posted on the website.

Disqualification
AdvancedSportistics.com, in its sole discretion, may disqualify any entrant from the Service, refuse to award fantasy points or prizes and require the return of any prizes, if entrant engages in conduct AdvancedSportistics.com deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
  • Providing inaccurate, not current or incomplete personal information required to use the service or claim a prize
  • Violating any of these rules
  • Colluding with any other individual(s) or engaging in any type of syndicate play
  • Accumulating points or prizes through unauthorized methods such as automated scripts or other automated means
  • Tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service
  • Obtaining other entrants' information and / or spamming other entrants
  • Using AdvancedSportistics.com for any unauthorized or unlawful purpose, including violation of intellectual property laws
  • Attempting to influence any sports event that is the subject of a contest on AdvancedSportistics.com
  • Abusing the AdvancedSportistics.com website in any way
Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent AdvancedSportistics.com from pursuing criminal or civil proceedings in connection with such conduct.

Bonuses and Promotions
You may be offered a bonus upon deposit or at other times. As well, AdvancedSportistics.com occasionally offers bonuses for users competing in certain giveaway contests and tournaments. Pending bonus is deposited into your account as you enter Paid-Entry Contests. The amount of the pending bonus deposited into your account balance is equal to 2% of the league entry fee. AdvancedSportistics.com can remove any unconverted pending bonus remaining in your account 90 days after it has been initially credited. AdvancedSportistics.com reserves the right to retract user bonuses for abuse of the bonus system. For example, the bonus will be retracted if you immediately withdraw money after a deposit which delivers a deposit bonus. Pending bonus is not eligible for withdrawal.

Furthermore, you may be offered a small account credit upon registration. AdvancedSportistics.com can remove any unused account credit one week after initially credited. AdvancedSportistics.com reserves the right to retract user winnings for abuse of the account credit system, for example with collusion or syndicate play.

Taxation
If you win at least $600 over a calendar year, you will be contacted to provide address and social security details to be used to file a 1099-MISC with the Internal Revenue Service. Failure to provide this information may result in the withholding or revoking of prize money.

Cancellation of Membership
You may cancel your membership at any time if you are not completely satisfied. To cancel your membership, either cease using the Site and Services or Contact Us to say that you wish to terminate your account. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with AdvancedSportistics.com. Upon any termination and/or cancellation of your Membership, your license grant, as set forth hereinbelow shall immediately terminate. You shall not receive any refund for Fees previously paid up to the date of cancellation or termination. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

AdvancedSportistics.com may, without prior notice, terminate or suspend your AdvancedSportistics.com account. If your account is terminated, you agree to immediately cease all access of AdvancedSportistics.com. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including without limitation, warranty disclaimers, indemnity, limitations of liability, binding arbitration, and class action waiver.

License Grant
As a Member of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the content, Site, Feedback, AdvancedSportistics.com Services and all other material, products and/or services posted or made available by and through same and/or the Site (collectively, “Site Material”) in accordance with the Agreement. AdvancedSportistics.com may terminate this license at any time for any reason. Unless otherwise expressly authorized by AdvancedSportistics.com, you may only use the Site Material for your own personal, non-commercial use. No part of the Site Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site Material. You may not use the Site Material in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the Site Material for any commercial purposes not expressly permitted by AdvancedSportistics.com (including the bundled sale of such Site Material). Systematic retrieval of Site Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from AdvancedSportistics.com is strictly prohibited. You further agree to indemnify and hold harmless AdvancedSportistics.com for your failure to comply with this Section. AdvancedSportistics.com reserves any rights not explicitly granted in the Agreement.

Proprietary Rights
All title, ownership and intellectual property rights in and to the Site are owned by Ward Analytics LLC. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by AdvancedSportistics.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Site Material. The posting of information or material at the Site by AdvancedSportistics.com does not constitute a waiver of any right in such information and materials. AdvancedSportistics.com reserves all rights not expressly granted hereunder.

Indemnification
You agree to indemnify and hold AdvancedSportistics.com, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors, subsidiaries, affiliates, shareholders, representatives and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, arising out of matters including, but not limited to, the following:
  • Your use of the Site and Services in any way, whatsoever
  • Your breach of the Agreement
  • Any dispute between you and any Members, Third Party Providers, Sources and/or other third parties
  • Any claim that AdvancedSportistics.com owes any taxes in connection with your use of the Site and/or Services
  • Your violation of any rights of another individual and/or entity
  • Injuries, damages or losses to persons and property which may be sustained in connection with participation in the service
  • The receipt, ownership, use or misuse of any prize and claims based on publicity rights
  • Defamation or invasion of privacy

Disclaimer of Warranties
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided to you on an "as is" and "as available" basis. The service, content, and Site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. In particular, but not as a limitation thereof, AdvancedStatistics.com makes no warranty that the Site and/or services will:
  • meet your requirements
  • be uninterrupted, timely, secure, error-free or that defects will be corrected
  • be free of viruses or other harmful components
  • have security methods employed that will be sufficient against interference with your enjoyment of the Site, or against infringement
  • be accurate or reliable
The Site and Services may contain bugs, errors, problems or other limitations. AdvancedSportistics.com will not be liable for the availability of the underlying internet connection associated with the Site. No advice or information, whether oral or written, obtained by you from AdvancedSportistics.com, any members, third party providers, sources or otherwise shall create any warranty not expressly stated in these terms. You acknowledge that AdvancedSportistics.com has no control over, and no duty to take any action regarding:
  • Which users gain access to the Site or use the Site
  • What effects the content may have on you
  • How you may interpret or use the content
  • What actions you may take as a result of having been exposed to the content
You release AdvancedSportistics.com from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. AdvancedSportistics.com makes no representations concerning any content contained in or accessed through the Site, and AdvancedSportistics.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

Limitation of Liability
You understand and agree that AdvancedSportistics.com shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
  • The use or the inability to use the Site
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the service
  • Any other matter relating to the Site. This limitation applies to all causes of action, in the aggregate including, but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
You hereby release AdvancedSportistics.com from any and all obligations, liabilities and claims in excess of the limitations stated herein. AdvancedSportistics.com's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to one hundred dollars ($100.00). You hereby release AdvancedSportistics.com from any and all obligations, liabilities and claims in excess of the limitations set forth in this section. No action, regardless of form, arising out of your use of the Site or services may be brought by you or AdvancedSportistics.com more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and AdvancedSportistics.com. Access to the Site and services would not be provided to you without such limitations. You understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. You agree to waive the benefit of any law that otherwise might limit your waiver of such claims.

Binding Arbitration
Any and all disputes, claims or controversies arising out of or relating to this Agreement or any use of the Website claims, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules, procedures, and supplementary procedures for consumer related. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforcement or formation of these Terms. Subject to the limitation that the arbitrator will not have the authority to award punitive damages, the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Massachusetts. You waive any and all rights to trial by jury with respect to any claims.

Class Action Waiver You agree that all claims will be arbitrated on an individual basis only and not as a class action or other representative action. You expressly waive the right to file a class action suit or seek relief on a class basis.

Statute of Limitations
You agree that regardless of any statute of law to the contrary, any claim or cause of action related in any way to your use of the Site must be filed within one (1) year after such a claim or cause of action arose.

Waiver and Severability of Terms
The failure of AdvancedSportistics.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the terms is found to be invalid, you agree that an arbitrator should attempt to give effect to the intentions as reflected in the provision, and that the other provisions of the Terms remain in full effect.

AdvancedSportistics.com Referral Program Terms of Service
The following Terms of Use outline your additional obligations when participating in the AdvancedSportistics.com Referral Program (“Program”). By accessing any page of the Program or participating in the Program in any way, you agree to these terms and conditions. If you do not agree to all the terms and conditions, then you may not participate in the Program in any way. By participating in the Program, you:
  • agree to be bound by these Terms
  • acknowledge and agree that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in these Terms
  • represent and warrant that you are lawfully able to enter into contracts (e.g. you are not a minor) and that you are and will remain in compliance with this operating agreement, including the Program participation requirements
  • if you are participating in the Program as part of a company or other legal entity, then you are authorized and lawfully able to bind that company or entity to this operating agreement
Description of the Program
The purpose of the Program is to permit you to advertise AdvancedSportistics.com and to earn commission fees on Net Revenue generated by your Recruits (defined below). In order to facilitate your advertisement of AdvancedSportistics.com, we may make available to you data, images, text, link formats, widgets, links, other linking tools, and other information in connection with the Program (“Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than AdvancedSportistics.com.

To permit accurate tracking, reporting, and commissions, we will provide you with Special Links to be used to refer Recruits. You must ensure that each Special Link you use is properly formatted. You will earn commissions only with respect to activity on AdvancedSportistics.com occurring directly through Special Links. We will not be liable to you with respect to any failure by you to use Special Links, including the extent that such failure may result in any reduction of commission.

Program Requirements
By participating in the Program, you agree that you will comply with the all policies, guidelines, specifications, and supporting materials that we make available to you.

You will provide us with any information that we request to verify your compliance with these Terms. In addition to any other rights or remedies available to us, we may terminate your account, withhold (and you agree you are not eligible for) any fees payable to you under these Terms, or both, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you have not complied with any requirement or restriction described in these terms. In addition, you hereby consent to us:
  • sending you emails relating to the Program from time to time;
  • monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain (e.g., that a particular AdvancedSportistics.com customer clicked through a Special Link from your site) in accordance with the AdvancedSportistics.com Privacy Policy ;
  • monitoring, crawling, and otherwise investigating your site to verify compliance with this Operating Agreement and the Operational Documentation.
Your Responsibilities
You will be solely responsible for your actions and materials relating to your participation in the Program, and any other software and hardware, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
  • the technical operation of your site and all related equipment
  • displaying Special Links and Content in compliance with these Terms
  • creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials you post
  • using the Content and any other materials in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights)
  • disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers
  • any use that you make of the Content, whether or not permitted under these Terms
  • your and your employees’ conduct and behavior
  • ensuring that you are in full compliance of these Terms
  • your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes
  • the use, development, design, manufacture, production, advertising, promotion, or marketing of any site or materials
  • ensuring that materials posted on your site are not illegal
  • disclosing your use of affiliate links or advertising on your site
  • ensuring compliance with government regulations and laws
We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us and our respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees).

You agree to keep your site and all materials related to your participation in the Program free of
  • promotion of sexually explicit materials
  • promotion of violence
  • promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • promotion of illegal activities
  • violation of intellectual property rights
You agree that you will not:
  • implement any technique or technology that serves promotional content around the display of AdvancedSportistics.com (e.g., pop-up widows)
  • violate any laws that govern marketing email (e.g., the CAN-SPAM Act of 2003)
  • violate of the terms of service of social media websites or any and all others in connection with your marketing activities.
  • promote AdvancedSportistics.com in a profane, obscene or unlawful manner
  • promote AdvancedSportistics.com in any manner that could be reasonably construed as damaging to AdvancedSportistics.com
  • attempt to intercept or re-direct traffic from, or divert referral fees from, any web site that participates in the Program
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities or behaviors, we may (without limiting any other rights or remedies available to us) withhold any commission fees and/or terminate your account.

Order Processing
Customers who register at AdvancedSportistics.com, make deposits, or pay contest entry fees through this Program are our customers with respect to all activities they undertake in connection with AdvancedSportistics.com. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Site will apply to those customers, and we may change them at any time. We reserve the right to reject registrations, deposits, and contest entries that do not comply with any requirements on the Site.

Commission Fees and Payments
Commission fees payable to you will be calculated on a calendar month basis in accordance with the following commission structure
Tier 1: 50% of Net Revenue generated by your Recruits
Tier 2: 25% of Net Revenue generated by your Recruits
To qualify for the Tier 1 commission rate in a calendar month, you must refer at least 5 Recruits in a calendar month, and your Recruits must generate at least $500 of Net Revenue within this month.

For a customer to qualify as your Recruit, they must
  • follow your properly formatted special link to AdvancedSportistics.com
  • register at AdvancedSportistics.com before the referral session variable has expired (a session typically ends when the browser is closed)
  • make a deposit of at least $10 on AdvancedSportistics.com
Net Revenue is calculated as follows, less any chargebacks and fraudulent activity:
Net Revenue = (Entry Fees * 0.2) - Bonus Earned
We will pay you commission on a calendar monthly basis, approximately 15 days after the end of each calendar month. We will accrue and withhold commissions until the total amount due is at least $50. All commission payments will be made to your PayPal account. You must provide your PayPal email address or mobile number in order to receive commission payments.

You agree that AdvancedSportistics.com measurements and calculations of Referrals and Net Revenue and Commission are final and not subject to review or appeal.

In the event that, in our sole discretion, we suspect any fraud or violations of terms herein, we may delay payment of the commission to you for up to one hundred and eighty (180) days while we investigate and verify the relevant players and transactions. We are not obligated to pay commissions in respect of Recruits who, in our sole discretion, are not verifiably who they claim to be or are otherwise involved with any fraud or violation of terms. In the event that we determine any activity to constitute as fraudulent or to otherwise be in contravention of these Terms, then in our sole discretion we may revoke any or all of your commission fees in respect of such fraud or violation. Furthermore, you shall comply with all applicable laws and any AdvancedSportistics.com policy in relation to money laundering and/or the proceeds of crime.

Taxes
All taxes due in connection with any payments to you are your sole liability. You are solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. It is the policy of this Program, and in compliance with United States Internal Revenue Service regulations, that we may send an IRS Form 1099-MISC or other appropriate form to any participant. Depending on the jurisdiction in which you reside, the Program may also send you W-9 and/or additional tax forms. We reserve the right to withhold from your existing account balance any amount until requested information and forms are received.

Relationship
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

Term and Termination The term of this agreement will begin upon your registration at AdvancedSportistics.com and will end when terminated by either party. Either party will have the right to terminate this agreement at any time, with or without cause. Upon termination of this agreement, you will immediately cease use of AdvancedSportistics.com and remove all links to AdvancedSportistics.com and all Content provided by or on behalf of us. You are only eligible to earn commissions from Net Revenue generated by your Recruits during the term of this agreement. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including without limitation, warranty disclaimers, indemnity, limitations of liability, binding arbitration, and class action waiver.

AdvancedSportistics.com may, without prior notice, terminate or suspend your AdvancedSportistics.com account. If your account is terminated, you agree to immediately cease all access of AdvancedSportistics.com. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including without limitation, warranty disclaimers, indemnity, limitations of liability, binding arbitration, and class action waiver.

Limited License
We grant you a nonexclusive, non-transferrable, revocable license to use the Content we will provide you, solely for the purpose of Program participation and to assist in generating enrollments. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks, advertising materials and any other intellectual property is limited to and arises only out of this license. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our trademark guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice. Furthermore, you agree that you will not do any of the following with respect to domain names or trademarks that are confusingly similar to those of AdvancedSportistics.com:
  • Submit a trademark application in any jurisdiction
  • register a domain name
  • use any sub-domains
  • bid on any internet search engine for a search term which incorporates any AdvancedSportistics.com domain name or trademark
Miscellaneous Terms
This Program agreement is subject to all sections in the Terms of Service above.

We may send notifications (if any), approvals (if any), and other communications relating to the Program and these Terms to the email address then-currently associated with your Program account. You acknowledge and agree that you will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

If you are a Non-US person participating in the Program, you agree that you will perform all services under the Operating Agreement outside the United States.

You understand that we may at any time (directly or indirectly), enter into marketing terms with other participants on the same or different terms as those provided to you in this Agreement and that such participants may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from our Site to any other online site that we deem appropriate in our sole discretion, without any additional compensation to you.

This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of laws. Application of the U.N. Convention of Contracts for the International Sale of Goods is expressly excluded.

These Terms and Conditions, in connection with other obligations and rules detailed in writing, constitute the entire agreement between you and AdvancedSportistics.com and cannot be modified by you, supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

Excluding the payment of money, neither party will be deemed in default of any obligation hereunder nor be liable for any failure or delay in performance which results directly or indirectly from any cause beyond its reasonable control, including without limitation, "Acts of God," delays or failures in the Internet or related carriers and third-party equipment, acts of civil or military authority, strikes, fire, theft, delays by suppliers, or action or inaction by the other party or any third party.

AdvanceSportistics.com may modify these Terms from time to time, including commission schedule.
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