You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account, or share your account credentials with anyone;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or use our Services for any commercial purpose;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Blackbook Sports user;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services (including, but not limited to, sharing our recommendations with anyone), except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
- Modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of blackbooksports, including any blackbooksports account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII, other than your own information, as provided for by the Site.
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 5 is solely at blackbook sports discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Blackbook Sports or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own individual and personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Blackbook Sports, LLC, the Blackbook Sports website and its contents, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Blackbook Sports and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Blackbook Sports or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Blackbook Sports sole discretion. You understand that Blackbook Sports may treat Feedback as nonconfidential.
9. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Blackbook Sports does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Blackbook Sports, LLC and our affiliates, parents, subsidiaries, vendors or licensors and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Blackbook Sports Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services; or (f) any third party use of your account or your Blackbook Sports username and password. You agree to promptly notify Blackbook Sports Parties of any third-party Claims, cooperate with Blackbook Sports Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Blackbook Sports Parties will have control of the defense or settlement, at Blackbook Sports sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Blackbook Sports or the other Blackbook Sports Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Blackbook Sports IS NOT A GAMBLING WEBSITE, AND Blackbook Sports DOES NOT ACCEPT WAGERS OF ANY KIND. Blackbook Sports Package recommendations are suggestions only. Nothing included in the Services or Package recommendations provided by Blackbook Sports shall be construed to create a warranty of any kind (express or implied) that the information included in the Services or Package recommendations is fit for any purpose, is accurate at any point after the time stamped on the Package recommendation, or that a wager of any kind can or will be accepted by any entity that accepts such wagers.
Blackbook Sports recommendations are solely for information purposes and are not an offer to buy or sell any security or instrument or to participate in any particular trading strategy. The information provided by Blackbook Sports is for general information and entertainment purposes only; recommendations should not be construed as investment advice. Sports wagering may be deemed an illegal activity in some state and local jurisdictions. You should make your own inquiry into the legality of participating in any games or activities. Blackbook Sports does not endorse, encourage, or take responsibility for, any illegal gambling. If you wish to use Package recommendations for wagering, you must use legal methods and ensure that you are doing so in a jurisdiction where wagering is legal.
In addition, Blackbook Sports does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Blackbook Sports attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Blackbook Sports and the other Blackbook Sports Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Blackbook Sports or the other Blackbook Sports Parties have been advised of the possibility of such damages. Under no circumstances will Blackbook Sports be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Services, website, or your account, or resulting from placing wagers on sporting events.
The total liability of Blackbook Sports and the other Blackbook Sports Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount of the guarantee provided by Blackbook Sports for the current package for which you have subscribed or the amount paid by you to use our Services in the twelve (12) months prior to the claim at issue. Any other possible liability arising from your use of this website or any other theory or cause of action against Blackbook Sports that does not arise out of your paid use of this Website or our Services shall be limited to no more than $10,000 in the aggregate for all claims or causes of action.
The limitations set forth in this section will not limit or exclude liability for personal injury, death or property damage caused by the Services or for the gross negligence, fraud or intentional, willful, malicious or reckless misconduct of Blackbook Sports or the other Blackbook Sports Parties.
To the fullest extent permitted by applicable law, you release Blackbook Sports and the other Blackbook Sports Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
14. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
15. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Blackbook Sports and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Blackbook Sports agree that any dispute arising out of or related to these Terms or our Services is personal to you and Blackbook Sports and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Blackbook Sports seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Blackbook Sports seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Blackbook Sports waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Blackbook Sports or relating in any way to the Services, you agree to first contact Blackbook Sports and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Blackbook Sports by email at email@example.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Blackbook Sports cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Montgomery County, Maryland or may be conducted telephonically or via video conference for disputes alleging damages less than $5,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Blackbook Sports agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Blackbook Sports, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Blackbook Sports agree that for any arbitration you initiate, you will pay the filing fee and Blackbook Sports will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Blackbook Sports will pay all JAMS fees and costs. You and Blackbook Sports agree that the state or federal courts of the State of Maryland and the United States sitting in the Southern District of Maryland have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Blackbook Sports will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by sending a written notice of your decision to opt out (“Notice”) to Blackbook Sports by email at firstname.lastname@example.org. In order to be effective, the opt-out notice must be timely received, and include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.
If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.
16. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Maryland, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Maryland or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Maryland and the United States, respectively, sitting in the Southern District of Maryland.
17. Modifying and Terminating Our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. Any refunds or credits will only be available pursuant to the cancellation policies set forth in these Terms. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Blackbook Sports to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
20. Package Financial Guarantee
Our guarantee applies only to the recommendations we release and our record of theoretical wins and losses based upon those recommendations. Our guarantee is not applicable to any bets that you make or do not make. We will only be keeping track of our record, and will do so in the following way: Each of our recommendations will count as 1 unit which will be applied to the odds of the recommended bet. For example, if a bet is -110 and we are correct, we would add 1 unit. If our recommendation was wrong, we would deduct 1.1 units. As an additional example, if a bet is +150 and we are correct, we will add 1.5 units. If we were incorrect in our recommendation, we would deduct 1 unit. If at the end of your subscription period, our record is in negative units for the recommendations provided under that package and during that subscription period, you will receive the guarantee amount for that subscription package by receiving the applicable credit to your blackbook sports Wallet. Anytime you have money in your blackbook sports wallet you can cash it out without any restrictions imposed by blackbooksports.com. If at the end of your subscription period our record is in positive units, you will not receive a credit to your Blackbook Sports wallet. Each package has its own financial guarantee based on the term length of the package which will be displayed on the package page at the time or purchase.
In order to assure that we have the financial ability to meet our potential guarantee obligations, Blackbook Sports maintains a separate bank account in a Nationally Chartered financial institution (currently, Capital One) with enough funds to meet our Guarantee obligations to subscribers based upon the number of subscribers that we have in each package. Blackbook Sports will not use the funds in this account for any reason other than to satisfy the financial guarantee to our subscribers. In the unlikely event that Blackbook Sports becomes insolvent and has also incurred obligations to pay guaranteed funds to its customers by not meeting its guaranteed performance levels, Blackbook Sports will use the funds in this account to pay the guaranteed amounts to its customers. We update the Account on a weekly basis, which is independently verified by Capital One Bank to contain enough funds to cover our Guarantee obligations to customers. As our liabilities differ each week, we post an updated letter from Capital One Bank here which verifies that there are enough funds in the account to meet our guarantee obligations.
21. Units Scoring Rules
We will be using the Bookmaker (Betcris) line at time of release to grade our recommendations. If, at some point in the future, we believe a different book becomes the best suited “market consensus” line we reserve the right to switch which book we are using as our standard. However, we will never change any records from the past, and will notify our subscribers in advance if we determine that a change needs to be made in the sportsbook we use to grade our wagers. Every recommendation we offer will be based on 1 unit. For any bets with negative juice or “favorite bets,” our cumulative total will go up 1 unit if we are correct in our recommendation. If we are incorrect with our recommendations, our cumulative total will go down units in accordance with the juice (see #20 for additional examples). For any bets with positive juice or “underdog bets,” our cumulative total will go down 1 unit if we are incorrect in our recommendation. If our recommendation is correct, then our cumulative total will go up units in accordance with the juice.