Terms of Use

Terms of Use

 

 

Last updated: May 12, 2021

 

 

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://clawsportsadvisors.net/ website and any excerpts therefrom located on social media including but not limited to Instagram (https://www.instagram.com/claw_betting/?hl=en), Twitter (https://twitter.com/claw_betting), and Facebook (https://m.facebook.com/clawsportsadvisors/) (“Service”) operated by Claw Sports Advisors, LLC and any third-party content creators which may be specifically authorized by Claw Sports Advisors, LLC to create content for the Service ("us", "we", or "our"). 

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service (collectively “you”, “your”, or “user”).

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

PRIVACY POLICY

We respect the privacy of its Service users.  Please refer to our Privacy Policy (found here: Privacy Policy Page) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

 

ABOUT THE SERVICE

The Service allows you to access articles, blogs, videos and other content for entertainment purposes only.  We are not an online gambling operator, or a gambling site of any kind, and the Service is operated merely to provide information about sports betting for entertainment purposes. It is mandatory that you vet all information contained on the Service, as to accuracy, timeliness and value. The Service is not a betting website and will never take or place bets for you.

 

NATURE OF THE SERVICE

You acknowledge and agree that any betting, including sports betting is done at your own risk and based upon your own independent choices. As a result of the same, you agree that you shall are solely responsible for determining the suitability and strategy associated with your sports betting.  You understand that the Service consists of information about sports betting for entertainment purposes only, and that information and recommendations which are acted on by you are at your sole discretion and risk. You further acknowledge and agree that past performance does not necessarily indicate future results.

 

MEMBERSHIP SUBSCRIPTION

While some content on https://clawsportsadvisors.net/ is openly available, access to all aspects and functionality of the Service requires a paid membership subscription, and for you to register with the Service and create a user profile.

CONTINUOUS MEMBERSHIP

To ensure uninterrupted service, all membership subscriptions (with the exception of third-party complimentary subscriptions or free trials issued by us) to https://clawsportsadvisors.net/ are renewed automatically using your credit card on file. All subscriptions are renewed at the current subscription rate when the current subscription term ends. You may cancel at any time.

If you have received a free trial through us or through a third-party, you will be charged at the end of the applicable free trial period if you have not cancelled your service prior to the end of such applicable free trial period.

We reserve the right to modify our fees and charges relative to such membership subscription and to introduce new charges, upon at least thirty (30) days prior notice to you at the email address provided by you relative to your membership subscription.

You agree to provide us with complete and accurate billing, contact information, and valid credit card information relative to your membership subscription for the Service. You agree to update your information within thirty (30) days of a change in any of this information.

 

GOVERNING LAW; VENUE 

The Service is governed by the laws of the State of Michigan and of the United States of America, excluding the United Nations Convention on Contracts and the Convention for the International Sale of Goods (CISG). Any legal action between you and us shall take place in the courts of the State of Michigan. By accessing the Service, you irrevocably submit to the applicable law and venue set forth above.

 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

If you are a resident of the United States of America, you need to be at least twenty-one (21) years old and a resident of the United States to register for and use the Service. Access, use, and registration for the Service is strictly prohibited by anyone under the age of twenty-one (21). If you are not a resident of the United States of America, you are prohibited from registering for the Service if doing so would violate applicable local, regional, or federal laws of your country of domicile. You acknowledge and agree that the Service intends to provide the information contained therein for entertainment purposes only, and that we do not represent or warrant that you will be able to participate in sports gambling in your area of residence.

 

If you are a user who signs up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive messages and notifications of new content on https://clawsportsadvisors.net/ from us.  You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

 

We may remove or deactivate your personalized account relative to the Service at any time for any reason at our sole discretion, including but not limited to, your noncompliance with these Terms, violation of applicable law, or our receipt of claims or allegations from third parties or authorities relating to alleged violations of the same.

 

USE RESTRICTIONS.

Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions, and you agree that you will not under any circumstances:

·    post any information that is abusive, threatening, obscene, defamatory, libelous, pornographic, or racially, sexually, religiously, politically, or otherwise objectionable and offensive; 

·    post any communication or solicitation designed or intended to obtain another user’s account information or password.

·    employ spam messages, or post any fake news or fake content, or refer to any site where such content is contained;

·    use the Service for any unlawful purpose or for the promotion of illegal activities;

·    use the Service for any other purpose than stated in these Terms;

·    use the Service for any commercial purpose, or for any purpose other than personal use;

·    attempt to, or harass, abuse or harm another person or group;

·    use another user’s account without permission;

·    provide false or inaccurate information when registering an account;

·    interfere or attempt to interfere with the proper functioning of the Service;

·    make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

·    bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or

·    publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

 

Any use of the Service in violation of the foregoing violates these Terms and may result in the termination or suspension of your access to the Service, and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

 

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide commentary, upload documents/pictures/videos or provide links to other resources (collectively “User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  However, we reserve the right to remove any User Content from the Service at its discretion.

 

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

·    You are solely responsible for your account and the activity that occurs while signed into or while using your account;

·    You will not post information that is malicious, false or inaccurate;

·    You will not post any information that is abusive, threatening, obscene, defamatory, libelous, pornographic, or racially, sexually, religiously, politically, or otherwise objectionable and offensive;

·    You will not post any communication or solicitation designed or intended to obtain another user’s account information or password;

·    You will not employ spam messages, or post any fake news or fake content, or refer to any site where such content is contained;

·    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

·    You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

 

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.  We are not responsible for any public display or misuse of your User Content.  We do not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.  User will indemnify and hold harmless us for any and all claims levied against us related to any User Content.

 

Any User Content posted by you which violates the foregoing shall be considered a violation of the Terms, and may result in the termination or suspension of your access to the Service, and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

 

 

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to Service subscribers.  We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

 

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.  User will indemnify and hold us harmless for any and all claims levied against us related to any User Content, including claims for infringement.

 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts.  We respect the intellectual property rights of others and require that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at 4044 W. 13 Mile Road, Unit B, Royal Oak, MI 48073:

 

  1. The date of your notification; 
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; 
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; 
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

 

  1. Your physical or electronic signature; 
  2. A description of the content that has been removed and the location at which the content appeared before it was removed; 
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and 
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Michigan and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

 

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (at our discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

 

INTELLECTUAL PROPERTY

All content located on the Service, including but not limited to images, text, and video clips are our intellectual property, which is protected by United States Copyright law, international copyright laws, and other copyright laws which may apply to your access to content on the Service. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights, and that your sole right to the Service consists of the limited right to access and use of the Service. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

 

You further agree not to reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or otherwise transmit any of the content located on the Service without our written express permission to do the same. Engaging in any of the foregoing violates these Terms and may result in the termination or suspension of your access to the Service and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

 

 

EMAIL MAY NOT BE USED TO PROVIDE NOTICE 

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to us or any of its officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.

 

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

 

We may also use your email address, to send you other messages, including information about us and special offers. You may opt out of such email by changing your account settings or sending an email to our Account Officer at Carl.lewis@clawsportsadvisors.com.

 

Opting out may prevent you from receiving messages regarding us.

 

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR OUR LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF OUR OR YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with any Third Party Sites, or Third Party Applications, Software or Content  you access as a result of using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. These Terms were last revised on May 12, 2021. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

 

GENERAL TERMS

The entire agreement for use of the Service between us and you are contained in these Terms and the Privacy Policy described below. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of us to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

 

You agree that any claim or cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

 

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Michigan, without regard to conflict of law provisions.

 

We may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT PRIVACY POLICY PAGE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.