Last Updated: 06/23/2014
PLEASE READ AND CONSIDER THE FOLLOWING TERMS AND CONDITIONS (“THE TERMS”) CAREFULLY, AS BY ACCESSING THE SITE, OR VIEWING THE INFORMATION PRESENTED AS PART OF THE SERVICE WHERE IT MAY BE ALTERNATIVELY DELIVERED OR DISPLAYED, YOU AGREE TO BE BOUND BY THE TERMS, CONDITIONS AND POLICIES AS DESCRIBED HEREIN. YOU UNDERSTAND THAT THE SITE AND SERVICE ARE INTENDED FOR PEOPLE OVER THE AGE OF 18. IF YOU DO NOT AGREE TO ALL OF LINEADVISOR’S TERMS & CONDITIONS, DO NOT USE THE SITE OR ANY INFORMATION PROVIDED BY THE SERVICE.
Laws and Jurisdictions
By visiting the site, and/or viewing free or paid Service content however else it may be delivered, you understand and agree that the following agreement and all policies and Terms associated with it, and any and all matters arising from it or your use of the site and Service, shall be governed by and construed according to the laws of the State of New York, in Orange County; and shall be subject to the [exclusive] jurisdiction of the courts and court system of the State of New York, in Orange County. IF YOU DO NOT AGREE TO THIS JURISDICTIONAL STIPULATION, DO NOT USE THE SITE OR ANY INFORMATION PROVIDED BY THE SERVICE.
LineAdvisor.com is operated by Farview Analytics LLC (dba LineAdvisor), a limited liability company established under the laws of New York State, in the county of Orange, having the following mailing address:
Farview Analytics LLC
314 S. Route 94
Warwick, NY 10990-3379
LineAdvisor.com (aka “LineAdvisor”) is a service offering both free and subscriber-level access to quantitative line and odds analysis, uniquely assessed team and conference rankings, and value-graded odds-based recommendations to the sports enthusiast community. All information, commentary, rankings and data included as part of either free or subscriber-level content is produced and offered for entertainment purposes only. This includes, but is not limited to, information and content displayed on the website, email communications, mobile applications, or other modes of information delivery the company may employ.
You, the user/consumer, by your usage of the website (www.lineadvisor.com), or LineAdvisor Service content delivered by alternate means, and your consumption of any associated data, analytical tools, metrics, written commentary, probabilistic projections or other services offered by Farview Analytics LLC (hereafter “LineAdvisor”), with regard to both free and subscriber-access information and other content, SPECIFICALLY AGREE TO ABIDE BY THESE TERMS (hereafter “the Terms”).
a) The site and Service are intended for people over the age of 18. By visiting the site, whether to view free content or register for paid subscriber-level access, you understand that your doing so is tantamount to attesting to being at least 18 years of age.
b) By agreeing to the Terms, you agree that LineAdvisor shall not be liable to you for any modifications, suspensions or discontinuance of the Service, nor for any modifications made to site functionality or content. In addition, we reserve the right to modify or terminate the service for any reason, at any time, and without prior notification.
c) You, the user/consumer, are solely responsible for obtaining access to the Service, and as such you may incur third party fees for such things as internet access, airtime charges of various kinds, WiFi connection fees, etc. LineAdvisor bears no responsibility for any such fees, nor any fees related to displayed or delivered advertisements encountered in the process of accessing the Service.
d) LineAdvisor reserves the right to change or modify the Terms, or any policies of the Service, at any time, and at its sole discretion. It is incumbent upon YOU, the user/consumer, to periodically review the Terms and Condition.
e) By using the site for either free or subscriber-level content, you hereby waive any right to receive specific notice of changes or modifications to the Terms. As changes are made to the Terms they will be effective as of their updating on the site, accessible by clicking the “Terms & Conditions” link at the bottom of each page on the website. If you continue to use the Service after any changes, you have affirmatively accepted the changes.
f) By using the Service for either free or subscriber-level content, you agree not to misuse any information, data, metrics, commentary or projections in any way. You may not transfer ownership of your account at any time, and you understand and agree that your use does not constitute our granting a “license” of any kind to you, and that you are explicitly NOT allowed to share, loan, re-sell or transfer any Service information in any way, be it free or subscriber-level content, however it is received by you. This includes, but is not limited to, sharing content via email, posting it on websites or forums, or republishing it anywhere for free or at a cost, without the express written consent of LineAdvisor.
g) You understand and agree that you are expressly prohibited from accessing site and Service content not intended for you, prohibited from violating security features of the site, breaching security measures of the site, attempting to modify or interfere with site functionality or information, or of networks or servers utilized by the site and Service, or accessing or interfering with the accounts of other site users.
h) By using the site and Service, for free or paid content, you agree to abide by any applicable federal, state or local laws, including but not limited to, those pertaining to libel, trade libel, slander, tort, defamation, product disparagement, harassment, and copyright and/or service mark or registration infringement. The information, commentary and data offered by the Service may include intellectual property protected by copyright, trademark and other intellectual property laws of the United States and/or the State of New York. Laws in these jurisdictions typically prohibit the unauthorized reproduction of protected materials, including but not limited to, slogans, original information, proprietary calculations, and logos or other images. Violation of these laws may prompt civil and/or criminal penalties, so by using the site and Service you understand and explicitly agree that LineAdvisor reserves the right to pursue any and all legal remedies if we feel our rights, and/or good will in providing for fair customer usage per the Terms, have been infringed.
LineAdvisor strives to make the Service available 24 hours a day, every day. There will however, be times when access to the Service will be interrupted due to broad-based issues such as telecommunications or hosting failures, or site-specific issues such as maintenance, repairs, or other factors or acts of God simply beyond our control. We will always work to rectify potential disruptions that are within our control, and liaise with upstream partners as and when necessary extenuating circumstances arise.
Limitation of Liability and Disclaimer of Warranty
PLEASE READ THE FOLLOWING LIABILITY LIMITATIONS AND DISCLAIMERS OF WARRANTY CAREFULLY. BY YOUR USE OF THE SERVICE, YOU CERTIFY THAT YOU UNDERSTAND AND AGREE THAT:
a) Your use of the service is solely at your OWN risk and direction. The service is provided on an “as is” and “as available” basis, with no warranty as to its accuracy, value, relevance or reliability, nor any warranty pertaining to the accuracy and quality of information, data or commentary included as part of the service, pertaining to either free or paid content.
b) All information offered as part of the Service, be it data, commentary, projections, strategies or calculations, are offered for entertainment purposes.
c) LineAdvisor makes NO WARRANTY that (i) the Service is appropriate for your purposes, (ii) the Service will be provided without interruption, secure, and/or error-free, and (iii) any errors in site software or content will always be corrected expediently.
d) Any loss of data or damage to your computer system, network, or peripheral hardware or services utilized by you in accessing the Service, is expressly disclaimed by LineAdvisor.
e) Your purposes in accessing the Service and its content are exclusively your own, and any use you make of any information provided by the Service is exclusively of your own design and direction. YOU AGREE THAT LINEADVISOR IS IN NO WAY RESPONSIBLE FOR ANY ACTIONS, PURPOSES, OR USES YOU MAKE OF THE SERVICE’S CONTENT.
f) In specific regards to sports wagering, or if you use any of the Service’s content for any purpose related to gambling or wagering on sports games, by your use of the Service, free or paid, you acknowledge unequivocally that neither LineAdvisor, or any affiliated partner, corporate officer or employee of the company, shall be liable to you in any way. And you indemnify and hold harmless, LineAdvisor, its employees, officers and any and all third party partners, from any claim or demand made by you or any third party associated with you, arising from your use of the Service. You agree that LineAdvisor makes NO ASSURANCES as to the veracity, accuracy, timeliness, or effectiveness of the information provided by the Service, specifically in regard to its applicability to successful gambling or wagering.
g) LineAdvisor SHALL NOT be liable to you even if it has been advised of the possibility of any damages resulting from your misuse or inability to use the Service, any unauthorized access to, or alteration of your account data or transmissions, any statements or conduct of any third party either affiliated, or unaffiliated, with the Service, or any other matter relating to the Service.
h) If a court finds any aspect of these Terms unenforceable, it shall have no bearing upon all other Term & Conditions as described herein. No specific waiver of any policy or legal claim in these Terms shall constitute refutation of prior, current or future claims, disclaimers and protections afforded LineAdvisor in these Terms.
i) If you have a medical condition which may put you at risk of any harm due to the use of the internet, websites, computers, or this Service and its content specifically, you should consult a physician before utilizing the website or content.
Registration for Paid Subscriber-Level Access
To become a paying subscriber of the Service, and therefore access the full content of the site, you must be at least 18 years of age, of legal age to form a binding contract, and not a person barred from receiving services under the laws of the United States, the State of New York, or other applicable jurisdictions. Minors are prohibited from subscribing to the Service, and we reserve the right to refuse service to anyone for any reason at any time if we believe a user (a) does not conform to the aforementioned age and eligibility requirements, or (b) is violating any of these Terms & Conditions.
a) You, the user/consumer, agree that any information provided by you to us upon registration, or provided by you to us at any other time, will be accurate and complete. By acting freely to become a subscriber you agree to keep your account/login information accurate and up to date at all times, particularly your email address and billing address, as email is the primary method by which we will communicate with you, and your billing address may affect our ability to collect the correct sales tax, if applicable (New York State residents only).
b) For purposes of marking the start of your subscription, it shall commence as of your receipt of account acknowledgement, which will arrive to you via confirmation email. If we have reason to suspect your account/login information is inaccurate or incomplete, or that the privacy of your account information has been compromised, we reserve the right to suspend or terminate your account with no prior notice.
c) Your account is for your personal use only. You understand that your use of the Service does NOT allow for any republishing of Service content, in any way, for any purpose, as per subsection F of the “User Agreement” section of these Terms. This would include, but is not limited to, passing Service content or information via email, posting it on websites of forums, or recreating any Service information or data in any way without the express written consent of LineAdvisor.
d) LineAdvisor does not allow the transfer of paid access or accounts between individuals for any reason. All individuals must open an account in their own name.
When you register for subscriber-level access to the Service you will be required to provide a password for your account. By subscribing, you agree that YOU are responsible for all activities that occur while accessing the Service with your password. As such, you agree to keep your account information and password confidential at all times, from all other persons or entities. You agree to notify LineAdvisor immediately if you suspect someone has gained unauthorized knowledge or use of your account information/login password, and acknowledge that LineAdvisor reserves the right to require you to change your password if we come to believe it is not secure.
a) Payment processing for the Service is facilitated by PayPal, a third party company not affiliated with LineAdvisor. Payment can be made via either PayPal account or credit card. Subscribers DO NOT need to have a PayPal account in order to pay with a credit card.
b) The subscription cycle is monthly, where “a month” is defined as 30 days. As such, because the number of days in a month will vary, you understand that the numbered date in each month at which your account will be charged for your recurring subscription will naturally vary. It will, however, correspond to a previous charge date 30 days prior, subject to bank or credit card limitations or disruptions, or PayPal payment processing limitations or disruptions.
c) ALL PAID SUBSCRIBES TO THE SERVICE ARE CHARGED ON A RECURRING MONTHLY BASIS. Each recurring charge applies to the next month of your access to the Service. In other words, each recurring charge amounts to your pre-paid subscription (i.e. access to the Service) for the next month (i.e. the next 30-day period). In the event of a disruption in our ability to charge the recurring payment to your credit card or PayPal account, you understand and agree that LineAdvisor has the right to re-establish the recurring charge in good faith after such a disruption, and continue recurring charges to your account until such time that you decide to cancel.
d) BY REGISTERING FOR PAID SUBSCRIBER-LEVEL ACCESS TO THE SERVICE, YOU HEREBY AUTHORIZE AND CONSENT TO, LINEADVISOR OR ITS AFFILIATE, OR THIRD PARTY DESIGNEE, TRANSACTING YOUR RECURRING MONTHLY PAYMENTS IN GOOD FAITH ON YOUR BEHALF. You agree not to dispute these authorized charges, and understand that per sub-section C of the “Payment” section of the Terms, any breach of your agreement to “consent” will be grounds for LineAdvisor to terminate your account and access to the Service, immediately and without refund to you.
e) Credit card fraud is a crime. In addition to any liability you may face under applicable laws and jurisdictions, if you fraudulently report the credit card used to pay for your Service subscription as stolen, or fraudulently report unauthorized use of your PayPal account if it was used for your paid subscription to the Service, or if you fraudulently report that an authorized charge by LineAdvisor or its affiliate or third party designee is unauthorized, you understand that LineAdvisor reserves the right to pursue any and all legal remedies if we believe we have suffered damages as a result of such fraud.
a) All cancel Service requests must be made via email to LineAdvisor Support (email@example.com), preferably with “CANCEL” in the subject heading, and a simple one sentence cancellation message below, making obvious, your reason for contacting LineAdvisor Support. LineAdvisor Support will make every effort to address cancellation requests on a same day basis, but you understand and agree that LineAdvisor makes no warranty that your inquiry will be addressed in any specific timeframe.
b) Your subscription will be cancelled as of the time you RECEIVE a cancellation confirmation email from LineAdvisor Support, NOT the time at which you sent the email request.
c) While your subscription will be cancelled as of the time you receive the cancellation confirmation email, and you will no longer be charged subsequent recurring monthly charges, your account will remain open for whatever residual days remain in your current prepaid month. Your login credentials will allow you to continue to use the Service until the date at which your next monthly recurring charge would have been posted, after which point your account and login details will be deleted, and you will no longer have access to the Service.
a) LineAdvisor does not grant refunds or credits of any kind, for any reason. Given each month of your subscription to the Service is prepaid, as described in the “Payment” section of the Terms, you understand that your payment to access the Service is made in full (i.e. your account is charged on a recurring basis, per your agreed “consent”) at the beginning of each month of your usage of the Service. LineAdvisor will not be held to refund any amount, prorated or other, of your unused usage or access to the Service. **Note: As described in subsection B of the “Payments” section of the Terms, your usage month does not refer to the beginning of any calendar month, but rather, the day, and subsequently 30 days from that original day [and so on], on which you started your subscription. The actual numbered date is of no consequence, only that your recurring charges will be charged against the billing details you provided upon registration in 30 day increments after your original subscription date.**
b) ALL RISK REGARDING YOUR SATISFACTION WITH THE SERVICE IS ENTIRELY YOUR OWN. BY SUBSCRIBING TO THE SERVICE, YOU AGREE THAT PER THE “LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY” SECTION OF THE TERMS, LINEADVISOR WILL HAVE NO LIABILITY TO YOU FOR ANY DISSATISFACTION YOU MAY HAVE WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF THE SERVICE, THE FUNCTIONING OF THE WEBSITE, OR ANY ASPECT OF THE SUPPORT, ADMINISTRATION OR CORPORATE FUNCTIONS OF LINEADVISOR.
c) You understand that by way of YOUR decision to register for paid subscriber-level access to the Service, you agree that your sole recourse in the event of your dissatisfaction with the Service shall be to cancel your subscription, per the “Cancellation” section of the Terms. Your usage of the Service during any remaining portion of that final prepaid month is determined by you, and whether you use the Service or not during such time, you will have already paid for it in full.
d) AT NO TIME will you be entitled to a refund of any kind from LineAdvisor, whether in whole or in part, for the post-cancellation remainder period of your Service subscription access, or any other period.
Free Trial Subscriptions
LineAdvisor may at times offer free trial subscriptions to the Service. Such free trials are ONLY available to new subscribers who have never before had an account with LineAdvisor, and are administered as follows:
a) If you decide to sign up for free trial subscriber access you will be required to enter billing details at that time. When the trial period has expired, for whatever period it was offered, the billing credit card or PayPal account you provided to LineAdvisor upon registration will be charged at the current monthly subscription rate, and will subsequently be charged each month on a recurring basis at that rate, per the “Payments” section of the Terms.
b) If during the trial period you decide not to continue with the Service on a pay basis after the trial period ends, you may send a cancellation request to firstname.lastname@example.org. If it is received by us prior to 1 minute before the same time you received our original emailed account acknowledgement, on the last day of the trial period, your account shall be cancelled immediately, and you will not be charged. For example, if you signed up for a 3-day trial subscription, and had received account acknowledgement at 3:12pm on the 8th day of the month, LineAdvisor Support would need to receive your cancellation request by no later than 3:11pm on the 11th day for your account not to be charged in full for the coming month.
c) REFUNDS WILL NOT BE GRANTED UNDER ANY CIRCUMSTANCES FOR CANCELLATION REQUESTS RECEIVED AFTER THE FREE TRIAL CONCLUDES. For instance, referencing the example dates and times described in the sample scenario in the above sub-section B, as of 3:12pm on the 11th your account would be charged at the current monthly rate, the beginning of your subscription term then being established. At this time, in the preceding example, you may no longer cancel your Service subscription without incurring at least one month’s charge to your account.
d) LineAdvisor offers free trials to each individual only once. Therefore, in the event that you, the user/consumer, sign up for an additional free trial, either inadvertently or purposefully, you will have forfeited access to a free trial, per sub-section A of the “Free Trial Subscriptions” section of the Terms. This will be irrespective of whatever period of time has passed between your subscription attempts. You understand and agree, that in the event that you re-subscribe for a free trial (i.e. subscribe for a free trial after having once received a free trial), you understand and agree that, per the policy explained herein, LineAdvisor reserves the right to immediately charge your account at the current monthly subscription rate, and shall not be held to honor a free trial period in such circumstance.
LineAdvisor may at times offer paid Service subscriptions at a promotional rate, and/or for a limited time. Such promotions are usually offered to new subscribers, by way of their entering a promotional code generated by LineAdvisor for such purposes.
a) By subscribing utilizing a promotional code you will be charged at the promotional rate for whatever predefined period of time, set by LineAdvisor, that the promotion is to run.
b) At the end of the promotional period the monthly charges to your account will revert to the current monthly rate. By subscribing at the promotional rate, you the user/consumer understand and agree that at the end of the promotional term your account will be charged at the current monthly rate, without pause or notification, for your subsequent access to the Service. Your agreement to such conforms to the same "Consent" agreement defined in sub-section D of the "Payment" section of the Terms.
c) If you wish to cancel your subscription prior to the rate of charges reverting to the current monthly rate, you may do so via the same procedure, and having the same specific limitations and caveats, defined in the "Free Trial Subscriptions" section of the Terms, by directing your emailed request to LineAdvisor Support at email@example.com.
LineAdvisor may, at its option, terminate access to your account if it becomes inactive for a period of one year. This may include deleting any of your account information held by LineAdvisor. By your registering to subscribe to the Service, you understand that if after terminating your account under this policy you wish to have the same account reinstated, it may require creating new login and password details.
User Information and Account Details
LineAdvisor values you as a customer! As such, the following safeguards are in place to protect your information:
a) Our web-hosting and payment processing partners have security protocols in place to protect their networks and servers.
b) LineAdvisor does not sell your personal information to third parties, as part of any marketing agreement, or agreement of any other kind.
IT IS IMPORTANT, HOWEVER, THAT YOU ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING LEGITIMATE USES OF YOUR PERSONAL INFORMATION, ON THE PART OF LINEADVISOR OR ITS AFFILIATE, OR A THIRD-PARTY PARTNER WHOSE INTERACTION WITH LINEADVISOR REQUIRES ACCESS TO YOUR INFORMATION:
i.) You understand and agree that, per sub-section A of the “Payment” section of the Terms, LineAdvisor uses a third party payment processor. This partner, as well as any downstream payment facilitators with whom our partner coordinates, including but not limited to, banks or other credit card issuing entities, or other payment facilitators such as shopping cart merchants, may require access to certain subscriber account information in order to facilitate payment processing.
ii.) You understand and agree that LineAdvisor’s third party website administrator may require access to certain subscriber account information in managing the account subscription process.
iii.) You understand and agree that LineAdvisor may access and/or preserve certain account information in our ongoing need to operate the Service in compliance with sales tax laws of the State of New York, as well as to protect the Service from malicious intent. By registering to subscribe to the Service, you understand that the possibility exists that certain circumstances may arise in which, either by law or legal proceedings, we are compelled to disclose some or all details of your account or account information.
iv.) You understand and agree that the ongoing operation of the Service requires utilizing public and private networks, and as such, your account information and transmissions may be carried over such networks, and therefore subject to risks beyond LineAdvisor’s control, EVEN WITH PROTOCOLS LINEADVISOR AND/OR ITS THIRD PARTY PARTNERS HAVE IN PLACE.
v.) You expressly acknowledge and agree, that in the event that LineAdvisor, its affiliate or subsidiary, or some portion of either, were to be legally acquired, your account information COULD rightfully be included in such a transaction, as such account information could be integral and inseparable from the ongoing operation of the Service, as well as the operator’s ability to certify and maintain your access to the site and Service.
All inquiries pertaining to LineAdvisor policies stated herein, or official or customer inquiries regarding the administration of LineAdvisor, should be directed to firstname.lastname@example.org. All support-related inquires by current and prospective subscribers should be directed to email@example.com.
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