Term of Service
Terms of Service
Last Updated: 08/31/2022
The NC Sharp
Terms of Service
Welcome to thencsharp.com. Please read these Terms of Service carefully before using the services offered by The NC Sharp (“The NC Sharp”, “us”, “we”).
These Terms of Service (this “Agreement”) set forth the terms and conditions of our relationship and governs your use of The NC Sharp website thencsharp.com (the “Site”), your subscription to The NC Sharp daily picks emails (a “Subscription”), and all other services, features, content, and applications offered by The NC Sharp by The NC Sharp (collectively, together with the Site and Subscription, the “Services”). By accessing the Services, you agree to be bound by the terms of this Agreement, which also incorporate The NC Sharp https://www.thencsharp.com/terms-and-conditions.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST THE NC SHARP TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE NC SHARP ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Services.
General Agreement between THE NC SHARP and You
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THE NC SHARP may make changes to this Agreement from time to time without specifically notifying you. THE NC SHARP will post the latest Agreement on the Site, but it is up to you to review it before using the Services. If you continue to use the Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement. If you do not accept updated versions of the Services, THE NC SHARP shall not bear any responsibility or liability for your decision.
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In addition, some services offered through the Site may be subject to additional terms and conditions specified by THE NC SHARP from time to time, and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
You are Solely Responsible for Complying with the Laws Applicable to You and the Results of any Bets You Make
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THE NC SHARP is not an online gambling operator and no gambling activities occur through the Site or the Services.
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Sports betting may not be lawful where you live. You are solely responsible for determining what the local laws, rules, and regulations that apply to sports betting and any gambling winnings are and your compliance with those laws, rules, and regulations.
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THE NC SHARP does not guarantee the accuracy of any information or predictions it provides, such information being for entertainment purposes only. THE NC SHARP makes no guarantees or warranties that any prediction or other information will result in a profit or that you will not lose the entirety of any amount you bet or gamble. Any picks or predictions are based on the information available to THE NC SHARP at the time that they are made, and you acknowledge that circumstances may change and new information may arise after your receipt of any pick or prediction. The past performance of any picks, predictions, systems, or methodology is not necessarily indicative of future results. You acknowledge and agree that any and all bets or other gambling decisions you make are your own, and you accept any and all liability resulting therefrom.
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Betting on sports comes with a high risk to your personal finances. Only gamble with money you can afford to lose. You should ensure that you fully understand and accept the risks of gambling before placing any bet. If think you might have a gambling problem, THE NC SHARP encourages you to seek help, such as by calling the National Problem Gambling Helpline at 1-800-522-4700.
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YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR: (A) DETERMINING THE LEGALITY OF SPORTS BETTING UNDER YOUR LOCAL LAWS AND YOUR COMPLIANCE WITH THOSE LAWS; (B) FOR UNDERSTANDING THE RISK OF PLACING SPORTS BETS TO YOU AND YOUR FINANCES; AND (C) ANY AND ALL SPORTS BETS YOU MAY MAKE (OR FAIL TO MAKE) AND THE RESULTS THEREOF. YOU HEREBY RELESASE ASTROLOCKZ AND ITS MANAGERS, MEMBERS, AND AGENTS FROM ANY AND ALL LIABILITY ARISING OUT OF YOUR PLACEMENT OF ANY SPORTS BET OR FAILURE TO COMPLY WITH THE LAWS, RULES, AND/OR REGULATIONS APPLICABLE TO YOU, INCLUDING BUT NOT LIMTIED TO THOSE REGARDING BETTING ON SPORTS, GAMBLING, AND THE PAYMENT OF TAXES ON WINNINGS.
Creating an Account and Purchasing Subscriptions
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To receive THE NC SHARP picks and predictions, you must purchase a Package.
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To purchase a Subscription, you must create an account on the Site (an “Account”). You understand that you are responsible for the accuracy and completeness of the information provided through your Account.
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By creating an Account, you represent and warrant that you are at least 18 years old and legally capable of entering into binding contracts.
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The cost and length (the “Subscription Period”) of any Subscription can be found on the https://thencsharp.com/plans. When you purchase a Subscription, you will receive daily picks and predictions for the length of the Subscription Period that you selected.
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All Subscription purchases are non-refundable, except where required by law or as otherwise approved by THE NC SHARP in writing. THE NC SHARP has the right to end or modify any promotion related to the purchase of a Subscription at any time at its sole discretion.
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After you have purchased a Subscription, picks and predictions will be delivered to you by email. You are solely responsible for ensuring that you provide us with the correct email address and that astrolockz1@gmail.com is marked as a safe sender with your email provider.
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You acknowledge and agree that the picks and predictions you receive through the Subscription are the confidential and propriety information of THE NC SHARP. You therefore agree to not share, forward, communicate, or otherwise disseminate the picks or predictions you receive through the Subscription. THE NC SHARP shall have the right to immediately terminate your Subscription without any refund to you if it discovers that you have shared THE NC SHARP picks or predictions with any third party.
Payment and Autorenewal
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You understand that THE NC SHARP does not store payment and/or credit card information from you and that all Subscription payments are facilitated separately by Third Party Services (defined below).
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You understand that any and all credit card, debit card, bank, or other payment information supplied by you (your “Payment Method”) to pay for any purchase made on the Site (“Transaction”), is transmitted directly to a Third Party Service, which processes, stores, and otherwise uses such information in order to facilitate payments.
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You agree to ensure that your Payment Method is accurate and correct and kept updated with the Third Party Service at all times and that you are fully authorized to use such Payment Method and Third Party Service for purposes of paying for any Transaction.
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Subscriptions automatically renew at the end of the Subscriptions Period. You may cancel your Subscription at any time prior to renewal. Your Payment Method will be charged at the beginning of each Subscription Period. Your failure to terminate your Subscription reaffirms that we are authorized to charge you for that Subscription.
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You hereby authorize us to charge your specified Payment Method in advance on a weekly, monthly, or yearly basis, as applicable, for your Subscription and/or to place a hold on your Payment Method with respect to any unpaid charges for your Subscription during the Subscription Period. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your Payment Method until such amounts are paid in full.
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You agree to provide updated Payment Method information upon request or if the Payment Method information you previously provided is no longer valid. You acknowledge and agree that THE NC SHARP will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your Payment Method in accordance with this Agreement.
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You agree to pay us, through our payment processors, all charges at the prices then in effect for your Subscription in accordance with the applicable payment terms presented to you at the time of purchase. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
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You agree that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
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If you believe you have been billed in error for a Subscription, please notify us within 60 days of the billing date by emailing us at astrolockz1@gmail.com. THE NC SHARP will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
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THE NC SHARP may immediately terminate or suspend your Subscription without notice or refund if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; or (c) you violate this Agreement or any other THE NC SHARP rules or agreements.
Some portions of the Services rely on Third Party Services
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You acknowledge that the Services interoperate with several third-party sites and services, including not limited to Shopify, Smile, Klaviyo, ReCharge, PayPal, Apple Pay, and other third party-services (collectively, the “Third Party Services”), and that some of the Services provided are dependent on the availability of such Third Party Services. If at any time any Third Party Services cease to provide availability to THE NC SHARP, THE NC SHARP may cease to provide such features to you without entitling you to refund, credit, or other compensation.
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In order to use the features of the Services related to the Third Party Services, you may be required to register for an account with such Third Party Service
You May Opt Out of Certain Communications
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If you provide your mobile phone number to us, we may send you SMS text messages related to the Services. To opt out from our SMS text messages, you can reply to the text with STOP and you will no longer receive SMS text messages from us until you opt back in. Text message and data rates may apply.
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If you purchase a Subscription, you may opt out of receiving emails from us. However, the Services that you subscribed for are provided via email, so by opting out of emails you will not receive the Services you requested by purchasing a Subscription. THE NC SHARP is not responsible for, and will not provide any refund to you as a result of, your decision to unsubscribe from THE NC SHARP emails.
What Laws and Rules You Are Responsible for Following
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You are responsible for all of your activity in connection with the Services, including abiding by all applicable local, state, national and international laws and regulations applicable to you, including but not limited all sports betting and gambling laws. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you. You promise not to use the Services for any purpose that is prohibited by this Agreement.
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You understand THE NC SHARP may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time and that THE NC SHARP reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
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You understand that your right to access the Services will be revoked where this Agreement or use of the Services is prohibited and, if that is the case, you agree not to use or access the Services in any way.
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You agree that THE NC SHARP may terminate your use of the Services and prohibit you from accessing the Services, for any reason, or no reason, and with or without notice.
We do our best to keep the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments.
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You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
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You will not harvest or scrape any content or materials from the Services.
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You will not knowingly transmit false or misleading information through the Services.
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You will not use the Services in any manner that: infringes (or results in the infringement of) THE NC SHARP’ or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause THE NC SHARP to be in violation of any law or regulation, or to infringe any right of any third party.
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You will not publish falsehoods or misrepresentations that may damage THE NC SHARP or any third party.
We are not responsible for third party sites and content
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You understand the Services may contain (or you may receive from THE NC SHARP or third parties) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
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You understand and agree that THE NC SHARP is not responsible for, and does not control, Third Party Services, Third Party Sites and Third Party Content. You also understand and agree that THE NC SHARP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Services, Third Party Sites and Third Party Content.
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You acknowledge and agree that THE NC SHARP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Services, Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Services is owned by the provider of that content.
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All content and data related to the Services are the property of THE NC SHARP and are protected under applicable copyright law, trademark law, and laws governing other proprietary rights.
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You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
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You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services, except as otherwise set forth herein or the terms of an applicable written agreement between us.
You may not use trademarks appearing on the Services in an infringing manner
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You agree that THE NC SHARP, the THE NC SHARP logo, and the THE NC SHARP graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of THE NC SHARP or its affiliates (“Trademark Content”).
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THE NC SHARP trademarks and trade dress may not be used in connection with any product or service that is not THE NC SHARP’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE NC SHARP.
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All other trademarks not owned by THE NC SHARP or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE NC SHARP or its affiliates.
You may use the THE NC SHARP Services for limited, noncommercial purposes
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THE NC SHARP grants you a limited license to access and make personal use of the Services.
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THE NC SHARP does not grant you the right to download (other than page caching) or modify the Services, or any portion of the Services.
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You understand THE NC SHARP does not grant you the right to resell or make commercial use of the Services or their contents; make any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
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You understand the Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
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You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of THE NC SHARP and our affiliates without express written consent.
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You may not use any meta tags or any other “hidden text” utilizing THE NC SHARP’ name or trademarks without the express written consent of THE NC SHARP. Any unauthorized use terminates the permission or license granted by THE NC SHARP.
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You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at THE NC SHARP’ sole discretion other items such as widgets, buttons, or other web page elements to the home page of THE NC SHARP so long as the link does not portray THE NC SHARP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
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You may not use any THE NC SHARP logo or other proprietary graphic or trademark as part of the link without express written permission.
Legal Conditions
THE NC SHARP’ liability is limited
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THE NC SHARP is not responsible for any Third Party Services, Third Party Sites, Third Party Content, or any other content posted on the Services, whether caused by THE NC SHARP, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
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THE NC SHARP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of communications.
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THE NC SHARP is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Services, including injury or damage to any other person’s computer and/or mobile device.
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THE NC SHARP is not responsible for any failures, defects or delays in delivery caused by your provision of incorrect information, your failure to comply with instructions for use of the Services; or an event which is outside of THE NC SHARP’ reasonable control.
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THE NC SHARP is not responsible for any sports game outcome, player performance, player injury, weather event, power outage, referee decision, strike, or any other event affecting a sports game or a player’s performance.
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Neither THE NC SHARP nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including financial loss, personal injury, or death, resulting from anyone’s use of the Services, whether online or offline.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND THE NC SHARP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, COMPATIBILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY INFORMATION OR CONTENT CONTAINED THEREIN AND THE NC SHARP FURTHER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA OR PREDICTION WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVERS, NETWORKS, AND OTHER SYSTEMS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, AND OTHER SERVICES. ASTROLOCKZ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THE ASTROLOCKZ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE NC SHARP OR ITS MANAGERS, MEMBERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, PREDICTIONS, OR SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE, PREDICTIONS, DATA, OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ASTROLOCKZ’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $5,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You agree to indemnify THE NC SHARP
You agree to indemnify, defend, and hold harmless THE NC SHARP, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Services, including but not limited to any sports bets you may make; (2) your violation of any law, rule, or regulation or the rights of any third party; or (3) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that Delaware law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Services, by using the Services, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Hillsborough County, for the resolution of any such dispute.
Your general representation and warranty
You represent and warrant that you will use the Services in accordance with the Privacy Policy, with this Agreement, and with all applicable laws, rules, and regulations (including without limitation any local laws, rules, or regulations in your country, state, city, or other governmental area, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
Other Terms
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You and THE NC SHARP agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
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You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE NC SHARP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
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You agree any arbitration shall take place in Hillsborough County in the State of Florida and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
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If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
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A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
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THE NC SHARP may assign its rights under this Agreement without condition.
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This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.