Terms of Use - StatMonsters.com

Welcome to StatMonsters.com. StatMonsters LLC and/or its affiliates (“StatMonsters”) provide website features and other products and services to you when you visit StatMonsters.com, use StatMonsters products or services, use StatMonsters applications for mobile, or use software provided by StatMonsters in connection with any of the foregoing (collectively, “services”). StatMonsters provides the services subject to the following conditions.

By using this website, you agree to these Terms of Use. Please read them thoroughly before proceeding.

This is an agreement between you (“You”) and StatMonsters (the “Company”). The entities are all under the same ownership, and when referring to StatMonsters in this policy, all three entities are being spoken for. “We” and “Us” means both You and StatMonsters.

OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade names contained on this website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating to it, are the property of their respective owners as indicated and the Company.

PERMITTED USE

The Company hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download the Content.

RESTRICTIONS ON USE

You agree that You will not: (a) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or (b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

LIMITATIONS ON LIABILITY AND DISCLAIMERS

The use of this website and its Content are at your own risk. The Company assumes no liability or responsibility of its Content, your use of the website or the receipt, storage, transmissions or any other use of your personal information. StatMonsters.com may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with them. The Company does not endorse or recommend any Content (including hyperlinks) found on other sites. The mention of another party or its product or service on this website should not be construed as a testimonial in favor of that party or what it provides.

The Company will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information. You are solely responsible for the retrieval and use of the Content. Please apply your own judgment in making any use of any Content, including the use of the information as the basis for any conclusions.

Be advised that the Content on StatMonsters.com may not be accurate, up-to-date, complete or untampered. It should not be relied on or interpreted as a recommendation for any product or service. Its Content is not to be used for professional advice. All Content is provided “as is” without representations, warranties, guarantees or conditions of any kind whether expressed or implied.

The Company, its affiliates, agents, suppliers, and employees are not liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages however they may occur including damages for loss of use, lost profits or lost savings. The Company, its affiliates, agents, suppliers, and employees are not liable for damages or losses due to viruses, data corruption, failed messages, transmission errors or problems with service providers, routers and stored data, or links to third-party websites including their products and services.

The Company is under no obligation to update its Content on this site or change its Content without notice to You. The Company is not responsible for Content that You deem undesirable or objectionable. The Company disclaims any liability for unauthorized use or reproduction of any portion of this website or access to its Content from areas where it is legally prohibited.

Termination

This Agreement is effective until terminated by the Company, with or without cause, at the Company’s discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of these terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiration of this Agreement.

Indemnity

You agree at all times to indemnify, defend and hold harmless the Company, its affiliates, agents, suppliers, and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of: (a) any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence; or (b) Your use or misuse of the Content or this website, including without limitation infringement claims.

Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

Entire Agreement

These terms and conditions and any and all legal notices on this website constitute the entire agreement between You and the Company with respect to the use of this website and its Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Severability

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

Online Registration

If You or your organization implement Your online registration via credit card, that tool will be added to the secure section of StatMonsters.com. This site has been encrypted and secured using SSL/TLS technology. StatMonsters, LLC does not distribute sell or otherwise exploit this information in any way.

Payment Policy

StatMonsters, LLC allows users to pay online for access to Tourney Manager and Stat Manager and other related activities. The receipt and confirmation page that receive upon completion of the process will serve as your successfully received “goods.”

Return Policy

All sales made through StatMonsters.com are final. No refunds are available. After completing Your online payment, You are brought immediately to a receipt and confirmation page. This page acknowledges that You have completed the process and the process payment. You are instructed to print this page for Your records and the page becomes your receipt for the product. This receipt should be kept as a ongoing record of Your successful payment completion. This receipt is also emailed to Your specified address and a record of Your order is also kept on the StatMonsters.com network. You may log into your StatMonsters.com account to also view a record of the order.