Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Scoreboard Don’t Lie (“we,” “us,” or “our”) and govern your access to and use of the website, applications, content, data, graphics, tools, notifications and related services offered under the name The Scoreboard Don’t Lie (together, the “Service”).

By creating an account, clicking to accept, paying for a subscription, or accessing or using any part of the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you may not use the Service.

These Terms include a mandatory arbitration provision and a class action waiver in Section 22 (Dispute Resolution: Arbitration and Class Action Waiver). Unless you opt out as described there, you and we agree to resolve disputes through binding individual arbitration and give up the right to a jury trial and to participate in a class action.

By using the Service, you represent and warrant that:

• You are at least 18 years of age, and you are at least 21 years of age if the law of the place where you live or where you access the Service requires that age to view sports-wagering information or to wager on sports. Where our records or your own statements indicate a higher age is required for you, that higher age applies.
• You are a resident of the United States and are located in the United States when you use the Service. We make the Service available from the United States and do not direct it to any other country.
• You have the legal capacity to enter into a binding contract and are not prohibited from using the Service under any law that applies to you.
• To the extent you intend to use any wagering-related feature: you are not a person whose participation would violate the integrity rules of any sports league, team, players’ association or governing body (for example, a player, coach, official or league employee prohibited from wagering), and you have not enrolled in, and are not subject to, any voluntary or involuntary gambling self-exclusion program in any jurisdiction.
• All information you provide to us is accurate and complete, and you will keep it that way.

We may require proof of age or identity at any time and may suspend or terminate your access if we cannot confirm your eligibility or reasonably believe you do not meet these requirements. We are not required to refund any amount paid by an ineligible user.

The Service is a sports information and analytics platform. It offers live scores, game trackers, ballpark and arena graphics and replays, player and team statistics, research and comparison tools, standings, schedules and injury reports, and, as an optional feature, displays of published betting odds and player-proposition markets together with a personal tracker in which you may record plays of your own choosing.

Many members use the Service only to follow sports. Nothing in the Service requires you to wager, and no feature of the Service depends on your doing so. Whether, where, with whom and how much you wager is entirely your own decision.

The Service is not a sportsbook, bookmaker, betting exchange, fantasy-contest operator or gambling service of any kind. We do not:

• Accept, place, broker, settle or pay out wagers, or hold funds for wagering.
• Act as an agent, affiliate, tipster, handicapper or adviser for any sportsbook or for you.
• Receive any share of any amount you wager, win or lose.
• Verify, guarantee or stand behind the odds, lines, prices, rules, payouts or conduct of any sportsbook or other third party.

The plays tracker records what you tell it. It does not place anything anywhere, and an entry in it is not a bet, a ticket, a confirmation or evidence of any transaction with any third party.

Everything on the Service — every score, statistic, trend, ranking, projection, model output, odds display, graphic, replay, note and piece of commentary — is provided for informational and entertainment purposes only.

The Service does not provide, and nothing on it should be understood as, gambling advice, betting advice, handicapping, a recommendation, a prediction, a tip, financial or investment advice, legal advice, or professional advice of any kind. We are not licensed advisers, handicappers or professionals in any regulated field, and no relationship of trust, agency or fiduciary duty is created between you and us by your use of the Service.

Some parts of the Service publish plays, parlays, targets, leans, model outputs or similar editorial selections, and may describe how earlier selections turned out. Every such selection is the opinion of its author at the time it was written, published for entertainment and discussion. It is not a recommendation that you place any wager, it is not a statement that any outcome is likely, and no selection is expected to win. A record of past selections is a historical record only and does not indicate, promise or guarantee anything about future selections. Odds and player markets shown beside a selection are published information, not an invitation to wager.

You agree that you will not rely on any information on the Service — including any play or selection — as the basis for any decision that involves money, and that any decision you make after viewing the Service is yours alone.

We work hard to present accurate, current information, and we correct errors when we find them. Even so, the Service depends on data supplied by third-party providers, leagues, venues and other sources we do not control, delivered over networks we do not control, and processed by software that, like all software, can fail. For those reasons:

• We make no representation, warranty or guarantee of any kind as to the accuracy, completeness, timeliness, availability, sequence or reliability of any score, statistic, play-by-play entry, lineup, injury note, schedule, standing, odds display, line, price, projection, model output, ranking, trend, chart, graphic, replay or other content on the Service.
• Live information may be delayed, out of order, estimated, incomplete or wrong, and may be corrected, revised or reversed at any time, including after a game is over. Official statistics belong to the leagues and their official statisticians; where ours differ, theirs govern.
• Projections, models, rankings and trend displays are mathematical summaries of past data. They are not predictions, do not account for everything that affects a game, and carry no assurance that any outcome will occur. Past performance of any kind does not indicate or guarantee future results.
• Graphics, replays, field and arena renderings and animations are illustrations built from data. They are approximations and may not reflect what actually happened.
• Odds and prices are displayed as reported to us by third parties at a point in time. They may be stale by the time you see them, may differ from what any sportsbook actually offers, and must always be confirmed with the sportsbook itself.

You use all content on the Service at your own discretion and risk, and you alone are responsible for verifying anything you intend to act on.

If you choose to wager on sports, you do so entirely on your own initiative, at your own risk and for your own account. We do not encourage anyone to wager, we do not suggest that any particular wager be placed, and we do not promise, suggest or imply that using the Service will produce a profit, improve your results or reduce your risk.

• Any wager you place is a transaction between you and the sportsbook or other party you choose. We are not a party to it and have no responsibility for it.
• You are solely responsible for any losses, fees, taxes, penalties or other consequences of any wager, whether or not you viewed any content on the Service before placing it.
• You are solely responsible for confirming that any wagering you undertake is lawful where you are, that you meet the age and other requirements that apply, and that the operator you use is licensed and permitted to serve you.
• You agree never to wager more than you can afford to lose, never to wager in an attempt to recover prior losses, and to read our Responsible Play page, which describes free and confidential sources of help.

To the fullest extent permitted by law, we have no liability of any kind for any wager you place or decline to place, or for any loss, cost or consequence arising from it, regardless of any information on the Service and regardless of any error in it.

Laws governing sports wagering, the display of odds and related activities differ from state to state and change often. We make no representation that the Service, or any content or feature of it, is appropriate or lawful for use in any particular location, or that any wagering activity is lawful where you are. It is solely your responsibility to know and comply with every law that applies to you, including laws on age, residency, location, taxation of winnings and the use of any sportsbook or wagering product, before you act. If using any part of the Service is unlawful where you are, you may not use that part.

You must create an account to use member features. You agree to provide accurate, current and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your sign-in credentials and for everything that happens under your account, whether or not you authorized it. Notify us promptly if you believe your account has been accessed without your permission.

Accounts are personal and non-transferable. One account is for one person. You may not share your account, sign-in credentials or subscription with anyone else, allow anyone else to access the Service through your account, or use anyone else’s account.

We may monitor for signs that an account is being used by more than one person — for example, sign-ins from many devices or distant locations at once — and may suspend or terminate an account that appears to be shared, without refund. We may also require you to re-verify your identity, change your credentials or sign out other sessions at any time.

Access to member features requires a paid subscription. By subscribing you authorize us and our payment processor to charge the payment method you provide at the price and interval shown at checkout, plus any applicable taxes.

• Automatic renewal. Your subscription renews automatically at the end of each billing period, at the then-current price for your plan, until you cancel. We will tell you the price and billing interval before you subscribe and before any change to them takes effect.
• Cancel any time. You may cancel from the billing settings in your account, and cancellation takes effect at the end of the billing period you have already paid for. You keep access to member features through the end of that period, and you will not be charged again.
• No refunds. Except where the law requires otherwise, all payments are final and non-refundable. We do not provide refunds, credits or prorated amounts for partial billing periods, unused time, unused features, content you did not view, dissatisfaction with results of any kind, changes to the Service, or accounts suspended or terminated for breach of these Terms.
• Price changes. We may change subscription prices from time to time. A change applies only to billing periods that start after we have given you at least 30 days’ notice by email or through the Service. If you do not agree to a new price, cancel before it takes effect.
• Payment failures and chargebacks. If a charge fails, we may retry it and may suspend access until it succeeds. A chargeback or payment dispute that is not resolved in your favor may result in suspension or termination of your account and may be referred for collection.
• Promotions and trials. Free trials, discounts and promotional offers are subject to their own stated terms, may be withdrawn at any time, and convert to a paid subscription at the end of the promotional period unless you cancel first.
• Taxes. You are responsible for any sales, use or similar taxes that apply to your subscription, which we may collect where the law requires.

Billing is handled by a third-party payment processor. We never receive or store your full card number, and your relationship with the payment processor is governed by its own terms and privacy policy.

You agree that you will not, and will not permit or assist anyone else to:

• Use the Service for any unlawful purpose, in violation of these Terms, or in violation of the rules of any sports league, team or governing body that bind you.
• Copy, scrape, crawl, harvest, download in bulk, record, mirror, frame or systematically collect any content, data or output of the Service by any automated or manual means, or build any product, dataset, model or service from it.
• Resell, redistribute, publish, broadcast, syndicate, sublicense or commercially exploit any part of the Service or its content, including by sharing screenshots, feeds, numbers or analysis with any group, channel or paying audience.
• Access or attempt to access any account, system, network, data or area of the Service that you are not authorized to use, probe or test the vulnerability of any system, interfere with the operation, security or integrity of the Service, or place an unreasonable load on it.
• Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, models, formulas or underlying structure of any part of the Service, except to the extent the law expressly permits.
• Circumvent, disable or interfere with any access control, rate limit, subscription gate, age gate, geographic restriction or other protective measure.
• Impersonate any person or entity, misrepresent your affiliation, or provide false information to us.
• Use the Service to harass, threaten, defame or harm anyone, or to transmit anything unlawful, infringing or malicious.
• Use the Service in connection with any activity that would violate the integrity of any sporting event, including any form of match-fixing or insider wagering.

We may investigate suspected violations, preserve and disclose information where we believe the law requires or permits it, and take any action we consider appropriate, including removing content and suspending or terminating accounts.

Some features let you enter information — for example, plays you record in your tracker, alert preferences, survey answers, messages you send us and other feedback (together, “Your Entries”). Your Entries remain yours. You grant us a non-exclusive, worldwide, royalty-free license to store, process, display back to you, aggregate and otherwise use Your Entries as needed to operate, protect and improve the Service, and to use anonymized or aggregated information derived from them for any lawful purpose. Any suggestion or feedback you give us may be used by us without restriction or compensation.

You are solely responsible for Your Entries. You represent that you have the right to provide them and that they do not violate any law or any right of any third party. We may remove or decline to display any entry at our discretion, and we have no obligation to keep, back up or return Your Entries, including after your account is closed.

The Service, including its software, design, text, graphics, renderings, animations, data compilations, models, selections and arrangements, trademarks, logos and look and feel, is owned by or licensed to Scoreboard Don’t Lie and is protected by copyright, trademark, trade-secret and other intellectual property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Service for your own personal, non-commercial information and entertainment. All rights not expressly granted are reserved. The names “The Scoreboard Don’t Lie,” “Scoreboard Don’t Lie,” “SBDL” and our logos are our trademarks and may not be used without our prior written permission.

If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to the contact address in Section 27 (Contact).

The Service displays statistics, scores, schedules, odds, prices, images and other information obtained from third-party data providers, sportsbooks and public sources. That content is owned or controlled by its providers. We do not endorse it, we do not independently verify it, and we are not responsible for its accuracy, availability or lawfulness, or for any interruption in its supply.

Where the Service names a sportsbook or links to one, it does so only to identify where a displayed price was published. The link is provided for your convenience. We are not affiliated with, sponsored by or compensated by any sportsbook unless we expressly say so, we do not control any sportsbook’s website, terms, availability, pricing or conduct, and any dealings between you and a sportsbook — including whether it will accept you as a customer and at what price — are solely between you and that sportsbook. The same applies to every other third-party site or service the Service may link to.

Some ballpark and arena visuals use map data © OpenStreetMap contributors, available under the Open Database License.

The Scoreboard Don’t Lie is an independent service. We are not affiliated with, endorsed by, sponsored by, licensed by or otherwise connected to Major League Baseball, the National Football League, the National Basketball Association, the National Hockey League, the National Collegiate Athletic Association, any conference, or any other sports league, team, franchise, venue, players’ association, athlete, coach or governing body, nor with any sportsbook or data provider except as a customer of the latter.

Team names, player names, venue names, logos, uniforms, colors and similar marks that appear on the Service are the property of their respective owners. They are used solely to identify the teams, players, venues and events to which the displayed information relates, and their appearance does not imply any endorsement of the Service by, or any relationship between the Service and, those owners.

We do not promise that the Service will be available at any particular time, uninterrupted, secure, free of errors or compatible with any device. We may add, change, limit, suspend or discontinue any feature, content, sport, data source, graphic or part of the Service — or the Service as a whole — at any time, with or without notice, and we may perform maintenance that makes the Service temporarily unavailable. We may also correct any error or omission at any time. Some features are offered as previews, experiments or labs; they may be incomplete, may behave unexpectedly and may be changed or withdrawn without notice. To the fullest extent permitted by law, we will not be liable to you or anyone else for any modification, suspension or discontinuation of the Service or any part of it, and no such change entitles you to a refund.

We will not be in breach of these Terms, and will not be liable for any failure or delay in performance, loss of data, inaccuracy or unavailability, to the extent it results from any cause beyond our reasonable control. Such causes include, without limitation:

• Failure, interruption, delay, error or withdrawal of any third-party data feed, statistics provider, odds source, authentication provider, database host, hosting or content-delivery provider, payment processor, notification service, app store or other service on which the Service depends.
• Failure or congestion of the internet, telecommunications networks, power supply, domain-name systems or your own device, browser, operating system or connection.
• Unauthorized access to, or interference with, our systems or those of any provider on which we rely, despite reasonable safeguards.
• Acts of God, fire, flood, storm, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, strikes, embargoes, or actions, orders or restrictions of any government, court, league, regulator or sports governing body.
• Postponement, suspension, cancellation, relocation, rule changes or statistical corrections of any game, season or event, and any lockout, strike or work stoppage in any sport.

If such an event continues, we may suspend or end the affected part of the Service without liability. The only remedy in that case, where the law requires one, is cancellation of your subscription with effect from the end of the current paid period.

We may suspend, limit or terminate your access to the Service, or any part of it, at any time and without prior notice if we reasonably believe that you have violated these Terms, shared your account, provided false information, failed to meet an eligibility requirement, initiated a chargeback, engaged or attempted to engage in fraud, abuse, scraping, unauthorized access or any activity that harms or could harm the Service, other members, us or any third party, or if we are required to do so by law. We may also terminate the Service, or your access to it, for any other reason on reasonable notice.

You may stop using the Service and delete your account at any time from your account settings. Deleting your account cancels any subscription at the end of the current paid period; it does not entitle you to a refund. On any termination, your license to use the Service ends immediately, and we may delete Your Entries and other data associated with your account in accordance with our Privacy Policy. Every provision of these Terms that by its nature should survive termination — including Section 18 (Disclaimer of Warranties) through Section 26 (General Terms) — survives.

To the fullest extent permitted by applicable law, the Service and all content, data, graphics, tools, features and materials made available through it are provided “as is,” “as available” and “with all faults,” without warranty of any kind, whether express, implied, statutory or otherwise. We expressly disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, timeliness, quiet enjoyment and any warranty arising from course of dealing, usage or trade. Without limiting the foregoing, we do not warrant that the Service will meet your requirements, be available at any time or place, be uninterrupted, timely, secure or error-free, that any defect will be corrected, that any content is accurate or reliable, or that any result or outcome will be achieved through use of the Service. No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the above exclusions apply to the greatest extent the law permits.

You acknowledge that sporting events are inherently unpredictable, that information about them may be inaccurate, incomplete or delayed, and that any wager or other financial decision carries the risk of total loss. You knowingly and voluntarily assume all risks associated with your use of the Service and with any decision you make, or decline to make, after using it. To the fullest extent permitted by law, you release and forever discharge us, our owners, officers, employees, contractors, contributors, authors, licensors and service providers from every claim, demand, loss and liability of every kind, known or unknown, arising out of or connected with any wager, any dealing between you and any sportsbook, league, team, player or other member, or any reliance you place on content of the Service. If you are a California resident, you waive California Civil Code § 1542, which provides: “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.” Residents of other jurisdictions waive any comparable protection.

To the fullest extent permitted by applicable law, in no event will Scoreboard Don’t Lie or its owners, officers, employees, contractors, contributors, authors, agents, licensors, data providers or service providers (the “Covered Parties”) be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, wagers, winnings, savings, opportunity, data, goodwill or use, or for the cost of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability (including contract, tort, negligence, strict liability, statute or otherwise), even if a Covered Party has been advised of the possibility of such damages, and regardless of whether any limited remedy fails of its essential purpose. Without limiting the foregoing, the Covered Parties have no liability whatsoever for any amount wagered, lost or not won, for any inaccuracy, delay or omission in any content, for any unavailability of the Service, or for any act or omission of any sportsbook, league, team, data provider, other member or other third party.

To the fullest extent permitted by applicable law, the total aggregate liability of the Covered Parties to you for all claims of every kind arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount of subscription fees you actually paid to us in the twelve (12) months immediately before the event giving rise to the claim, and (b) fifty U.S. dollars (US $50). The existence of more than one claim will not enlarge this limit. Some jurisdictions do not allow the limitation of certain damages; in those jurisdictions our liability is limited to the greatest extent the law permits. The limitations in this Section are a fundamental basis of the bargain between you and us, and the Service would not be offered on these terms without them.

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Covered Parties from and against any and all claims, demands, suits, proceedings, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, costs and expenses (including reasonable attorneys’ fees and costs) brought or asserted by any third party — including any sports league, team, venue, players’ association, athlete, governing body, sportsbook, data provider, payment provider, regulator or other member — that arise out of or relate to:

• Your access to or use of the Service, or any content or output you obtain from it.
• Any wager you place, any dealing you have with any sportsbook or other third party, and any decision you make after using the Service.
• Your Entries, your feedback and anything you transmit through the Service.
• Your violation of these Terms, of any law or regulation, or of the rules of any league or governing body.
• Your violation of any right of any third party, including intellectual-property, privacy, publicity and contractual rights.
• Any misrepresentation you make to us, including as to your age, residency, location or eligibility.

We may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. You may not settle any such matter without our prior written consent. This obligation survives termination of these Terms and of your account.

Please read this Section carefully. It affects your legal rights. It requires that most disputes between you and us be resolved by binding individual arbitration, and it waives jury trials and class actions. You may opt out within 30 days as described in paragraph (h).

(a) Informal resolution first. Before starting an arbitration or any other proceeding, you and we agree to try to resolve any dispute informally. The party raising the dispute must send the other a written notice describing the dispute, the facts behind it and the relief sought (a “Notice of Dispute”). Send yours to the contact address in Section 27 (Contact); we will send ours to the email address on your account. The parties will then confer in good faith, by phone or video conference if either asks, for at least 60 days from the date the Notice of Dispute is received. All statutes of limitations are tolled during that period. Compliance with this paragraph is a condition precedent to starting arbitration or any court action, and a court or arbitrator may enjoin a proceeding started without it.

(b) Agreement to arbitrate. If a dispute is not resolved informally, you and we agree that any dispute, claim or controversy of any kind arising out of or relating in any way to these Terms, the Privacy Policy, the Service, any content on it, any subscription or payment, or your relationship with us — whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before or after the effective date of these Terms (a “Dispute”) — will be resolved exclusively by final and binding arbitration before a single neutral arbitrator, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce. The arbitrator, and not any court, has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of it is void or voidable, except that a court decides disputes about the enforceability of the class action waiver in paragraph (e) and the mass-filing provisions in paragraph (g).

(c) Rules and procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section, or, if AAA is unavailable or declines to administer the arbitration, by another nationally recognized consumer arbitration provider agreed by the parties or, failing agreement within 30 days, appointed by a court under 9 U.S.C. § 5. The AAA rules are available at adr.org. Payment of filing, administrative and arbitrator fees will be governed by the AAA rules; if those rules require us to pay fees you would otherwise owe, we will do so, except that if the arbitrator finds that a claim was filed for an improper purpose or is frivolous, fees will be allocated as the arbitrator directs. The arbitrator may award on an individual basis any relief that a court could award to that individual, and must follow applicable law and the terms of this agreement. Any hearing will be held in the county where you live, by video conference, or at another location agreed by the parties; Disputes for US $25,000 or less may be decided on written submissions alone at either party’s election. The arbitrator will issue a reasoned written decision, and judgment on the award may be entered in any court of competent jurisdiction.

(d) Exceptions. Either party may bring an individual action in small-claims court for a Dispute within that court’s jurisdiction, and either party may seek a temporary restraining order or preliminary injunction in court to prevent irreparable harm pending arbitration, or to enforce intellectual-property rights or stop unauthorized use or scraping of the Service. Nothing in this Section prevents you from reporting a matter to any federal, state or local agency.

(e) Class action and jury trial waiver. To the fullest extent permitted by law, you and we each agree that any Dispute will be brought and resolved only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private-attorney-general action or proceeding. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class or representative proceeding, and may award relief (including declaratory or injunctive relief) only in favor of the individual party seeking it and only to the extent necessary to provide relief warranted by that party’s individual claim. You and we each knowingly and voluntarily waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Service.

(f) Severability of this Section. If any part of this Section other than paragraph (e) is found unenforceable, that part will be severed and the rest of the Section will remain in effect. If the class action waiver in paragraph (e) is found unenforceable with respect to a particular claim or request for relief, then that claim or request — and only that claim or request — will be severed from arbitration and heard in a court of competent jurisdiction under Section 23 (Governing Law and Venue), stayed pending the outcome of any individual claims in arbitration, and all other claims will remain in arbitration.

(g) Mass filings. If 25 or more Notices of Dispute or demands for arbitration raising similar claims are brought against us within a 90-day period, or are brought by or with the help of the same or coordinated counsel, then (i) the parties will cooperate to select a single administrator and a set of bellwether arbitrations of up to 10 cases per side to proceed first; (ii) the remaining cases will be stayed, and no fees will be due for them, until the bellwether cases are decided; (iii) after the bellwether decisions, the parties will participate in a global mediation; and (iv) if the mediation fails, the remaining cases may proceed in arbitration in batches of no more than 50 at a time. Statutes of limitations for stayed cases are tolled from the date of the Notice of Dispute. A court may enforce this paragraph.

(h) Your right to opt out. You may opt out of this agreement to arbitrate and the class action waiver by sending written notice to the contact address in Section 27 (Contact) within 30 days after the date you first accept these Terms (or, for existing members, within 30 days after the effective date of this version). The notice must state your name, the email address on your account and your clear intent to opt out of arbitration. If you opt out, the rest of these Terms, including Section 23 (Governing Law and Venue), still apply, and any Dispute will be resolved exclusively in the courts specified there. Opting out of a later version of this Section does not revoke an earlier agreement to arbitrate unless you say so expressly.

(i) Time limit and survival. To the fullest extent permitted by law, any Dispute must be started within one (1) year after the claim arises, or it is permanently barred. This Section survives the termination of these Terms, of your subscription and of your account.

These Terms, the Service and any Dispute are governed by the Federal Arbitration Act, applicable federal law and the laws of the State of Arizona, without regard to its conflict-of-law rules, except where the consumer-protection law of the state in which you reside gives you rights that cannot be waived by contract. Subject to Section 22 (Dispute Resolution: Arbitration and Class Action Waiver), any proceeding that is permitted to be brought in court will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you and we each consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum.

We may revise these Terms at any time. When we make a material change we will give you notice — by email to the address on your account, by a prominent notice or acceptance screen within the Service, or both — and we will update the effective date at the top of this page. Unless the notice says otherwise, a change takes effect on the later of the stated effective date and 14 days after notice is given; changes made to comply with law or to address a new feature may take effect immediately. By continuing to access or use the Service after a change takes effect, you agree to the revised Terms. If you do not agree, you must stop using the Service and may cancel your subscription, which will remain active until the end of the paid period. The version of these Terms in effect when a Dispute arises governs that Dispute, except that the most recent version of Section 22 (Dispute Resolution: Arbitration and Class Action Waiver) applies to the extent permitted by law.

You consent to receive communications from us electronically, including by email, by notices posted within the Service, and, if you turn them on, by browser or device push notifications. You agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to you are effective when sent to the email address on your account or posted within the Service. You may withdraw consent to push notifications at any time in your device or account settings; service and legal notices will continue by email for as long as you hold an account. Standard data and messaging rates from your carrier may apply.

Notices to us must be sent to the contact address in Section 27 (Contact).

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for a specific feature or offer, are the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings on that subject.
• Severability. If any provision of these Terms (other than as addressed in Section 22(f)) is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing and signed by us.
• Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including to a successor or to an entity that acquires the Service, and these Terms will bind and benefit the parties and their permitted successors and assigns.
• No third-party beneficiaries. Except for the Covered Parties, who may enforce the provisions written for their benefit, these Terms create no rights in any third party.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against either party as the drafter.
• Language and format. These Terms are written in English. Any translation is for convenience only, and the English version controls. A printed version of these Terms and of any electronic notice is admissible in any proceeding to the same extent as other business documents.
• Export and sanctions. You may not use the Service if you are located in, or are a national or resident of, a country or territory subject to comprehensive U.S. sanctions, or are a person on any U.S. government restricted-party list.

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