TERMS & CONDITIONS The following Terms & Conditions govern your use of the website and the services provided. If you do not agree with these terms, you should not review any information or use this site. Please review them carefully.
This is a legally binding contract between you (“User”), on the one hand, and Algorithmic Pro LLC and Why Baseball LLC (collectively WB), on the other hand. This agreement governs your use of (1) any website or web page operated by WB, and (2) all services provided by WB. USE NOT PERMITTED FOR PERSONS UNDER 21 YEARS OF AGE: WB does not allow persons under 21 years of age the use of any of our services or this site. Therefore, if you are a person under 21 years of age, you may not use or visit this site. NO GUARANTEES: In this day and age, it is almost impossible to guarantee anything. You just never know. This is not a “get rich scheme.” Through this site the User may obtain access to statistical reviews, handicapper picks, and other proprietary information. Moreover, WB may post a wide assortment of information regarding the selection of various outcomes for certain sporting events. WB may provide such information through the website, videos, newsletters, emails, social media, printed materials, or other contacts. However, WB is not in the business of providing personalized advice. WB does not know all the relevant facts about you and your individual needs, and WB does not claim or represent that any particular recommendation or selection is suitable for you. By using WB’s services, User agrees that you bear responsibility for your own actions, if any, based on the recommendations or selections made by WB. There is no guarantee that you will get acceptable results using any of our tools, strategies or recommendations. User expressly acknowledges that WB and/or its Affiliates (which includes WB’s parents, subsidiaries, and any of their employees, agents, LLC members, LLC managers, vendors, contractors, and representatives thereof) do not guarantee any User will receive acceptable win-loss results or achieve a profitable or acceptable outcome either per game or in the aggregate. User agrees to hold WB and/or its Affiliates harmless from any reliance on the recommendations or advice provided through this website and/or the other medium of communications used by WB. Any forward-looking statements on our site are simply our personal opinions and thus are not guarantees or promises for actual performance. NO WARRANTIES: WB provides a very broad range of information and commentary via its website and services. WB does not warrant the completeness or accuracy of the content found in our services or its usefulness for any particular purpose. WB makes no promises that our content or any of the services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we’re not making any promises or warranties except that we’ll do our best to provide interesting and helpful information, education, and entertainment. Other than that, we reserve the right to be wrong. Now what does all this mean? It means that you agree that under no circumstances will WB or its Affiliates will be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on our websites, or arising from or related to these Terms & Conditions, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by events beyond WB’s control in creating or delivering any of our services. Remember: All information and content provided on or by WB is to be used on an “as is, with all faults” basis.
EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER THE WB NOR ANY OF OUR AFFILIATES MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITATION. WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED
THEREFROM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
THE SITE, SERVICES AND THE CONTENT ARE PROVIDED FOR YOUR NON COMMERCIAL ENTERTAINMENT AND ENJOYMENT, ANY USE OF INFORMATION AND RECOMMENDATIONS PROVIDED IS AT YOUR SOLE DISCRETION WB SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE, THROUGH THE SERVICES, OR ANY USE OF SAME BY YOU WB DOES NOT GUARANTEE ITS SELECTIONS, SERVICES OR CONTENT. LIMITATION OF LIABILITY: WB AND IT’S AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SITE, THE SERVICES OR ANY CONTENT OR MATERIALS CONTAINED THEREIN OR DOWNLOADABLE THEREFROM, OR ANY INFORMATION OBTAINED AT THE SITE, THROUGH WB’S SERVICES, OR FOR THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLES, EVEN IF FORESEEABLE OR IF WB, OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WB’S TOTAL LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY WB FROM YOU TO ACCESS THE SITE AND/OR USE THE SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IF YOUR USE OF
THE SITE, SERVICES AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION: YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND RELEASE WB AND ITS AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE SITE, THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN OR OTHERWISE PROVIDED BY WB TO USER, INCLUDING, BUT NOT LIMITED TO, INFORMATION FROM THIRD-PARTY WEBSITES LINKED TO THE SITE. ALL SALES FINAL: All sales are final, no refunds. Once a User signs up and the account initiated, the User will have access to our proprietary handicapper selections. As a result, we do not give refunds once the information is released to User. Any attempt by User to dispute the credit card transaction shall entitle WB to liquidated damages of $2,500 plus any attorney’s fees and expenses incurred in enforcing WB’s rights against User. EXCLUSIVE USE; PASSWORD AND SECURITY: NO COPYING: To open an account a User needs to complete our registration process giving complete and accurate personal information.
The use of the site, passwords, betting selections, and other betting techniques are proprietary and NON-TRANSFERRABLE. Users shall protect access to your computer, iPad, and smartphone. Be certain to properly log out after you use our website, text messages or our email.
You agree to immediately notify us of any known or suspected unauthorized use of your password or account. User’s accounts cannot be shared; they can only be used by the User. Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. All of the content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of WB and/or providers of the content under license. You may make one copy of the content for your personal, non-commercial use. Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our content, is prohibited without WB’s prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication.
You also may not republish, post, transmit, or distribute the content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further
agree not to create abstracts from or scrape our content for use on another website or service (including our own personal forums and blogs). In short, you may not post our content anywhere else online.
OTHER BUSINESSES: Parties which are not under the control of WB may offer goods and/or services on this site. The website also contains links to third party websites as an accommodation to the User. These third parties and third-party sites are not under the control of WB. WB does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party or third-party site, including but not limited to, information provided at third party sites that may link the user to the website. If you have accessed the website through a third-party link, you are still bound by the terms and conditions of these Terms & Conditions. WB is not responsible for examining or evaluating, and WB does not warrant the offerings of any of these businesses or individuals or the content of their websites. WB does not assume any responsibility or liability for the actions, product, and content of any third party or third-party sites. You should carefully review their terms and conditions of use. CHANGES TO THE SITE: WB reserves the right to modify, suspend or discontinue all or any portion of the site and/or the services at any time, without notice. Unless stated otherwise, any new features to the current site or services shall be subject to these Terms & Conditions. TERMINATION: We may terminate this agreement at any time, in WB’s sole discretion, and without any notice to User. Any permission granted in these Terms & Conditions terminates automatically without further notice if User breaches any of the terms of these Terms & Conditions. Upon any termination of these Terms & Conditions, User must promptly destroy all materials downloaded or otherwise obtained from the website, as well as all copies of such materials, whether made under these Terms & Conditions or otherwise. WB reserves the right, in its sole discretion, and for any reason, to refuse access to User at any time to those portions of the website that require registration. You agree that WB shall not be liable to User or any third party for any termination of User’s access to any material, content, the services and/or the website. INFORMATION AND PRESS RELEASES: The website contains information and press releases about WB. While this information is believed to be accurate as of the date prepared, WB disclaims any duty or obligation to update this information or any press releases.
Information and news articles not drafted by WB and information about companies or individuals other than WB contained in the press releases or otherwise should not be relied upon as being provided or endorsed by WB. GENERAL COMPLIANCE WITH LAWS: User shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, WB’s services, and User’s purchases and browsing. WB’s services are directed at a U.S. audience. We cannot warrant that the services are appropriate for users outside the United States or that use of the services is permitted under the laws of other jurisdictions. Except as otherwise expressly stated in these Terms & Conditions, there are no third-party beneficiaries to this agreement. If any provision in these Terms & Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of Texas (except with respect to choice of law). You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the Southern District of Texas or the appropriate Texas state court.
These Terms & Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and WB and govern your use of WB’s sites.
You acknowledge and agree that by agreeing to these Terms & Conditions electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms & Conditions.