Fantasy Basketball Nerd

FantasyBasketballNerd.com Terms and Conditions

If you have questions about the FantasyBasketballNerd.com (FBN) Website Terms and Conditions, you may e-mail [email protected]

How You May Use Our Information

You may use, copy and distribute the information found on the FBN Website for personal, noncommercial, and/or educational purposes only unless permission has been granted by FBN for commercial applications. Except as expressly authorized in this paragraph, you are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of FBN or it affiliates. All such rights are retained by FBN, its affiliates, and/or any third party owner of such rights.

Copyright notices

The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by FBN. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. ? 107), as amended, and then, only with notices of the owner's proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Use of FBN Data

FBN makes use of both publicly available and proprietary data for data compilation and manipulation. Should FBN be required to or voluntarily opt to remove third party content, you agree to immediately remove such content from any derivative you may have in use.

Links to Third Party Sites

The FBN website may contain links to other websites ("Linked Sites"). The Linked Sites are neither owned by nor under the control of FBN or its affiliates. FBN is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. FBN and its affiliates are providing these links as a convenience, and the inclusion of any link does not imply endorsement by FBN of the site or any association with its operators.

Content and Liability Disclaimer

While FBN uses reasonable efforts to include accurate and up-to-date information on its website, FBN makes no warranties or representations as to the accuracy of the information. FBN assumes no liability or responsibility for any errors or omissions in the content of the Website. Changes may be periodically made to the information at any time, without notice.

FBN makes an effort to be as compatible with as many browsers and their associated versions but cannot guarantee that FBN will work exactly the same on each. Some features may not be available on certain browsers or versions thereof.

All information on the FBN Website is provided "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you.

IN NO EVENT SHALL FBN OR ANY OF ITS SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY FBN WEB SITE OR THE USE OR RELIANCE UPON ANY INFORMATION CONTAINED IN OR ACCESSED FROM ANY FBN WEB SITE.

Access Services Liability Disclaimer

THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. FBN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FBN DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THIS WEB SITE OR OTHER INFORMATION ACCESSIBLE FROM THIS WEB SITE. IN NO EVENT SHALL FBN BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SERVER, WEB SITE OR THE INTERNET GENERALLY.

Fee-Based Services

If you accept fee-based products or features, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges.

Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.

FBN may in its sole discretion choose to refund cancelled subscriptions either in full or in part and reserves the right to charge an administrative fee for cancellations up to fifty percent (50%) of the purchase price.

Should FBN grant a cancellation, whether full or partial credit, it may take up to 30 days for the credit to appear.

If FBN receives a credit card dispute, you agree that we have the right to seek not only the cost of the subscription, but any additional fees incurred as a result of the dispute.

Access Controls

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

Additional Terms for Gift Certificates

1. Gift Certificates may only be used for the season in which they were purchased.

2. Gift Certificates must be redeemed through the www.fantasybasketballnerd.com (FBN) website and can only be used to purchase a season subscription on the FBN website.

3. Gift Certificates are nontransferable and resale is prohibited.

4. Any coupons, discounts, or other promotional offers do not apply to and cannot be used to purchase Gift Certificates.

5. TayTech, LLC is not responsible for lost, stolen, or misused Gift Certificates and Gift Certificate codes. Risk of loss passes to the purchaser of the Gift Certificate upon electronic transmission of the Gift Certificate to the recipient.

6. Gift Certificates are nonrefundable and cannot be redeemed for cash value.

7. TayTech, LLC reserves the right to reverse any Gift Certificate purchase for any reason and return the funds to the recipient's Gift Certificate account.

8. Gift Certificates and their use are subject to the FBN Terms of Service and Privacy Policy, which are incorporated herein. In the event of a conflict these Gift Certificate terms and conditions shall control.

9. Gift Certificates issued as part of a promotion will be subject to different terms and conditions. See specific promotion for details and applicable terms.

10. TayTech, LLC reserves the right to cancel an issued Gift Certificate and/or close user accounts and/or request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed through the FBN website.

11. TAYTECH LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN WARRANTIES. ACCORDINGLY, ONLY THE LIMITATIONS AND EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, THE RECIPIENT AND PURCHASER'S SOLE REMEDY, AND FBN'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. TayTech, LLC reserves the right to add, delete and/or modify any of these terms and conditions, at any time, in its sole discretion, by posting a change notice on the FBN website. TayTech, LLC may notify you by email of substantive changes to these terms and conditions.

14. These terms and conditions are applicable to the maximum extent permitted by law and specific terms and conditions are void where prohibited.

Additional Terms For API Usage

Your use of the FBN API (Application Programming Interface) may be subject to certain limitations on access, calls, and use. If FBN in its sole discretion believes that you have attempted to exceed or circumvent any limitations, your ability to use the FBN API and may be temporarily or permanently blocked. FBN may monitor your use of the FBN API to improve the FBN service and to ensure your compliance with these rules.

You will not attempt or encourage others to:

1. sell, rent, lease, sublicense, redistribute, or syndicate access to the FBN API to any third party without prior written approval from FBN.
2. remove or alter any proprietary notices or marks on the FBN API;
3. use or access the FBN API for purposes of monitoring the availability, performance, or functionality of any of FBN's products and services or for any other benchmarking or competitive purposes; or
4. use FBN Marks in a manner that creates a sense of endorsement, sponsorship, or false association with FBN. You may not use FBN Marks as part of the name of your company or Service, or in any product, service, name field or logos created by you. All use of FBN Marks, and all goodwill arising out of such use, will inure to FBN's benefit.
5. charge a premium for access to FBN data.

You do not have a license to FBN Content submitted through your Service other than the rights granted herein.

Your use of FBN API data should not in any way circumvent any premium services offered to consumers on FBN. You agree not to display FBN data above and beyond that which non-premium FBN members would see as visitors to FBN unless given explicit permission by FBN.

You may be given access to certain non-public information, software, and specifications relating to the FBN API ("Confidential Information"), which is confidential and proprietary to FBN. You may use this Confidential Information only as necessary in exercising your rights granted in these Rules. You may not disclose any of this Confidential Information to any third party without FBN's prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

You hereby acknowledge a breach of these Terms would cause irreparable harm and significant injury to FBN that may be difficult to ascertain and that a remedy at law would be inadequate. You agree that, notwithstanding anything to the contrary, FBN shall have the right to seek and obtain immediate injunctive relief in any court of competent jurisdiction, without the posting of a bond, to enforce the obligations under these Terms in addition to any other rights and remedies it may have.

Acceptance and Jurisdiction

By using this site, you agree that you have read, understand and will abide by these Website Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use FBN's Website. These Terms shall be governed in all respects in accordance with the laws of the State of Wisconsin without regard to the conflict or choice of law rules thereof. Courts sitting in the State of Wisconsin, federal and state, shall have exclusive jurisdiction over any dispute arising hereunder.

FBN reserves the right to change its Website Privacy and Policies at any time, and will immediately post the updated information on its Website.

FantasyBasketballNerd.com is owned and operated by TayTech, LLC, a Wisconsin Limited Liability Company.

Terms updated 10/1/2016