Terms and Conditions
These Terms and Conditions (“Terms and Conditions”) govern your (the “User” or “You”) use of the StatRow Website, application, and Service (collectively, the “Service”) provided by StatRow, LLC (the “Company”). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Service after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated effective January 1, 2016.
Permitted Use; Services.
- User has a nonexclusive, nontransferable, limited, and revocable right to use the Service solely for User’s personal use. User will not use the Service for any other purpose, including any commercial purpose, without the Company’s express prior written consent.
- Without limiting the foregoing, Company agrees to allow User to establish an account via the Service through which User can use the Service and its features (the “Account”). User is solely responsible for maintaining the privacy and security of all log-in or other credentials used to access the Account (the “Credentials”).
- Company will respond to User inquiries about the Service, the Content, the Account, and other matters pertaining to functionality of the Service.
User acknowledges and agrees that all content accessible on or via the service is the proprietary information of the Company and its content providers (“Content”), and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider (except that User may print out a copy of Content solely for User’s personal use). In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Service in any way. The Company expressly disclaims any and all warranties with respect to any Content or merchandise accessible within or through the Service, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
Limitation on Liability.
The Company, its suppliers, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its suppliers, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.
User will indemnify and hold the Company, its suppliers, content providers, service providers and contractors (the “Indemnified Parties”) harmless from (a) any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions; (b) any unauthorized use of the Service or the Credentials; and (c) any claim relating to or arising from the use or operation of merchandise procured via the Service. User agrees that the Indemnified Parties will have no liability in connection with any such breach, unauthorized use, or claim, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Service.
User will not post any of the following on or via the Service:
- material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another’s privacy;
- material which User does not have the right to post, including the proprietary material of any third party;
- material which advocates illegal activity or discusses an intent to commit an illegal act;
- material for advertising or commercial solicitation; or
material which is vulgar, obscene, pornographic, or indecent.
The Company reserves the right to monitor the Service to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. You acknowledge, however, that the Company has no obligation to conduct such monitoring and that User remains solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Service. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.
Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on the Service (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.
Miscellaneous. These Terms and Conditions, together with the
, constitute the entire agreement (the “Agreement”) between the parties with respect to the subject matter hereof, and supersede all prior agreements or understandings, whether written or oral. This Agreement will be governed by the laws of the state of Georgia without respect to its conflicts of interest laws. Venue for any dispute arising from this Agreement will be in the federal or state courts of the Northern District of Georgia. Notices regarding this Agreement should be directed as follows: StatRow, LLC, 12460 Crabapple Rd Ste 202-364, Alpharetta, Georgia 30004, Attn: StatRow Management, or firstname.lastname@example.org.