TERMS OF USE
(Effective August 5, 2024)
USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
I. Introduction
NEON Labs, Inc. (“Sharp Hunter,” “Company,” “us,” “we,” or “our”) offers you, the user, access to the Services (defined below), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). These Terms of Use are an agreement that governs your use of our websites (including https://www.sharphunter.app/), content, products, mobile applications, services, or any other Sharp Hunter materials (collectively, our “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS OF USE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY USING ANY OF OUR SERVICES YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE.
CERTAIN SERVICES OR PORTIONS OF OUR SERVICES ARE AGE-RESTRICTED. IF YOU ARE UNDER 18 YEARS OF AGE AND HAVE ACCESSED OUR SERVICES BY PROVIDING A FALSE DATE OF BIRTH, YOU MUST IMMEDIATELY STOP USING OUR SERVICES. IF YOU BELIEVE SOMEONE UNDER 18 YEARS OF AGE HAS PROVIDED US WITH INFORMATION BY OBTAINING ACCESS IN VIOLATION OF THE APPLICABLE SERVICES’ ACCESS RESTRICTIONS, PLEASE CONTACT US VIA EMAIL AT support@neonlabs.app IMMEDIATELY AND THIS INFORMATION WILL BE REMOVED.
These Terms of Use are effective as of August 15, 2024. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use regularly and to familiarize yourself with any modifications. Your continued use of this site and/or Services after such modifications will constitute acknowledgment of the modified Terms of Use and an agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and include (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its Services.
II. Description of Services
Sharp Hunter’s Services include, but are not limited to, providing end users with an analysis tool that integrates sports betting and fantasy sports information, analyzing trends, stats, and odds, sophisticated models built on aggregated data, real-time updates, other content, and similar services.
Sharp Hunter Services are exclusively for informational and entertainment purposes only. Use of Sharp Hunter Services in conjunction with real-money wagering is strictly prohibited. You may contact us to report violations of this provision.
We reserve the sole right to either modify or discontinue the site and/or Services, including any of the site's features, at any time, with or without notice to you. Should we exercise such a right, we will not be liable to you or any third party. Any new features that augment or enhance the then-current Services on this site shall also be subject to these Terms of Use. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
III. GENERAL
a. These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules.
b. Eligibility. You may only use the Services if you (a) are over 18 years old; (b) are allowed by law to enter a binding contract; and (c) are not otherwise restricted by applicable law to access or use the Services.
c. Privacy. The Privacy Policy governs any personal information you provide to us. By using the Services, you agree to the terms of the Privacy Policy.
d. International Use. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
IV. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, code, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all copyrights, trademarks, service marks, trade names, and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Additionally, all trademarks, service marks, trade names, and trade dress that may appear on the Services are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
V. ACCESS AND USE
You represent and warrant that you: (a) have not previously been suspended or removed from the Services or from any other offerings by Sharp Hunter; (b) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and (c) that you understand that the use of the Services is at your own risk.
Our Services are provided for your personal, non-commercial use only. You acknowledge that Sharp Hunter reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install, or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content.
SHARP HUNTER RESERVES THE RIGHT TO REVOKE ANY LICENSE OR AUTHORIZATIONS UNDER THESE TERMS OF USE, AT ANY TIME.
Except as expressly permitted in these Terms of Use, you may not:
· remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
· circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
· use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Services (or any portion thereof) or Service Content for any purpose without our express written permission;
· collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
· solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
· attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
· decompile, reverse engineer, or disassemble any portion of our Services or other Service Content;
· use network-monitoring software to determine architecture of or extract usage data from our Services;
· encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership – as defined below);
· violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
· engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
Our Services are controlled, operated, and administered by the Company from its offices in the United States of America. The Company makes no representation or warranty that materials available through our Services are legal, appropriate, or available for use outside the United States. Access to our Services may not be legal by certain persons or in certain locations outside the United States. Those who choose to access our Services from locations outside of the United States do so at their own risk and on their own initiative. If you access our Services from a location outside the United States, you are responsible for compliance with all applicable laws and regulations, and the Company and its affiliates accept no responsibility for such access. We reserve the right to limit the availability of our Services described in these Terms of Use to any person, geographic area, or jurisdiction we so desire at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other products. You may not use, export, or re-export any content downloaded from our Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Service malfunctions voids all plays.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
VI. USER REGISTRATION & PROMOTIONAL MESSAGES
If you become a registered user of the Services, you will provide true, accurate, and complete registration information, and if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Services not available to non-registered users among other benefits. You are responsible for safeguarding and maintaining the confidentiality of your Membership, and you shall not share, and shall use your Membership solely in accordance with these Terms of Use. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at the contact information below if you become aware of any loss or theft of, or unauthorized use of your Membership.
Promotional Messages. Our Services may include sending you promotional emails/newsletters, which you may opt out of receiving. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, email address, mobile number).
Emails/Newsletters. You may opt-out of receiving our emails/newsletters by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
Mobile Alerts. Certain portions of our Services may provide mobile alerts to the device you use to access such Services. Additionally, if you are a registered user, you will be able to sign up for certain alerts specific to your personal settings. The types and frequency of mobile alerts that you will receive will depend on your selections at registration. Mobile alerts may not be available for all users. Message and data rates may apply.
Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan, you may be charged message and/or data charges by your wireless carrier; (2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges; (3) we may send you up to 20 messages per month through our Message Service; (4) if you have any questions about our Message Service or need assistance, you may contact us at the contact information below; (5) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; (6) we do not guarantee or warrant that you will receive all or any of our messages; and (7) our Message Service may be administered by a third party (the “Administrator”) and we reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.
VII. USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “Submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not Submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you Submit.
You represent, warrant, and covenant that you will not Submit any User Content that:
· violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
· impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable or otherwise violates any applicable law;
· encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
· is an advertisement for goods or services or a solicitation of funds;
· includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
· contains a formula, instruction, or advice that could cause harm or injury; or
· is a chain letter of any kind;
the Company, in its sole discretions, determines to be inappropriate.
By Submitting User Content to us, simultaneously with such posting you automatically grant, represent, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation: (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, successors and assignees, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
By Submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully-sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “J. Doe – New York, NY”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Without limiting the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution and marketing partners, accounts, and third party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
VIII. SERVICE CONTENT & THIRD-PARTY LINKS
We provide the Services including, without limitation, Services Content for entertainment, and promotional purposes only. You may not rely on any information and opinions expressed on any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
In many instances, Service Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Services or between persons accessing the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Sharp Hunter its officers, directors, members, shareholders, employees, parents, partners, including, without limitation so-called distribution and marketing partners, licensees, successors and assigns, agents, representatives, affiliates, subsidiaries, and their related companies (collectively, “Sharp Hunter Parties”) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
Our Services may contain links to other websites, social media pages, or applications maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the actions of or the content found on these third-party websites, social media pages, or applications. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or applications or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website, social media pages, or applications.
For the sake of clarity, these sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
IX. CONTEST RULES AND WINNING
Any sweepstakes, contests, surveys, games, or similar promotions made available through our Services may be governed by specific rules (“Rules”) that are separate from and in addition to these Terms of Use. By participating in any such sweepstakes, contest, survey, game or similar promotion, you will become subject to those Rules, which may vary from the Terms of Use as set forth herein, and which are incorporated into these Terms of Use. If there is a conflict between the Terms of Use and any Rule, the Rule provision shall control.
We urge you to read these applicable Rules, which may be linked from the particular Service, and which governs any information you submit in connection with such activities in addition to these Terms of Use.
These Rules may have additional restrictions on entry and may allow for additional means of entry to participate.
X. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Sharp Hunter shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury, and all of the “MISCELLANEOUS” section.
XI. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SHARP HUNTER AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF, RELATED TO, OR THAT MAY ARISE IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES; (II) USER CONTENT PROVIDED BY YOU OR THROUGH USE OF YOUR MEMBERSHIP OR OUR SERVICES; (III) ANY ACTUAL OR ALLEGED VIOLATION OR BREACH BY YOU OF THESE TERMS OF USE; (IV) ANY ACTUAL OR ALLEGED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT THAT YOU HAVE MADE TO US; OR (V) YOUR ACTS OR OMISSIONS. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS HEREUNDER.
XII. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHARP HUNTER AND ITS AFFILIATES , AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICES CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES OR SERVICES CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.
XIII. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL SHARP HUNTER OR ITS AFFILIATES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SHARP HUNTER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, THE SERVICE CONTENT IS TO STOP USING OUR SERVICES AND THE SERVICE CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS IN OR ON OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS ON IN OR ON OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING OUR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF SHARP HUNTER AND ITS AFFILIATES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY SHARP HUNTER DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by applicable law.
XIV. Jurisdiction; Choice of Law; Venue.
These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against Sharp Hunter that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state and federal courts of New York, New York and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
XV. DISPUTE RESOLUTION & MANDATORY ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at the information below. We will contact you based on the contact information you have provided us or that we obtain by other means.
If after thirty (30) days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at (800) 352-5267.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction
Exception to Arbitrate: Either party may bring qualifying claims in small claims court. Further, pursuant to the “NO CLASS ACTION” section below, we each agree that any arbitration will be solely between you and Sharp Hunter, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
XVI. AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Services generally, unique parts of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Services or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Services from time to time for any changes or Additional Terms. Your access and use of any our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and Services Content and, if applicable, terminate your Membership.
XVII. RESPONSIBLE PLAY
Our Services are promotional in nature only and will not accept money or anything of value for an opportunity to participate or win a prize if awarded. While our Services provide a peer to peer social wagering app, this is not a sportsbook app and we do not collect fees when wagers are made. Moreover, funds are not distributed to and from users from within the Services. Notwithstanding the fact that our Services are for amusement and promotion purposes only, Sharp Hunter recommends the user play responsibly.
If you are on a self-exclusion list, or other patron exclusion list of any jurisdiction applicable to you (which includes any statutory or regulatory exclusion lists or directories where individuals named therein are legally prohibited from playing casino or other related games), we encourage you not to use our Services or games.
Practice or success on our Services does not imply future success at real-money gambling.
If you or someone you know has a gambling problem, assistance can be accessed by calling or texting the National Problem Gambling Helpline at 1-800-522-4700.
XVIII. MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where specifically stated otherwise (e.g., the “DISPUTE RESOLUTION & MANDATORY ARBITRATION” section), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
XIX. CONTACTING SHARP HUNTER
You may contact us at:
NEON Labs, LLC
361 Newbury Street
Boston, MA 02115