Terms of Service
The following terms of service (the “TOS”) apply to your use of this Website, including access to the Services (as defined below) and Content (as defined below) available through the Website. Please read these terms and conditions carefully before using the Website, accessing the Content and/or using the Services.
BY USING THE WEBSITE, THE SERVICES, OR THE CONTENT, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT AS THEY APPLY TO YOU AND YOUR USAGE AND ACCESS.
1. TERMS OF SERVICE
ALT Sports Data, Inc. and NXTbets.com provide the Website, the Content, and the Services to you subject to the following Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice to you. We suggest that from time to time you review the TOS for possible changes. In addition, when using any Services or accessing any Content, you will be subject to any posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
ALT Sports Data, Inc. and NXTbets.com currently provides users with various features and services, including statistical review, odds, betting data, picks, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of ALT Sports Data, Inc. and NXTbets.com. In addition, ALT Sports Data, Inc. and NXTbets.com provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with ALT Sports Data, Inc. and NXTbets.com. Unless stated otherwise, the Website, the Services, and the Content are subject to the TOS. You understand and agree that the Website, the Services, and the Content are provided “AS IS” and that ALT Sports Data, Inc. and NXTbets.com assume no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment. Under the TOS, you may download certain Content and Services available on the Website to a single personal computing device for your use and entertainment. However, you may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of ALT Sports Data, Inc. and NXTbets.com, which permission may be withheld at ALT Sports Data, Inc. and NXTbets.com’s sole discretion.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN ” IS” AND ” AVAILABLE” BASIS. ALT SPORTS DATA, INC. AND NXTBETS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ALT SPORTS DATA, INC. AND NXTBETS.COM MAKE NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
4. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALT SPORTS DATA, INC. AND NXTBETS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALT SPORTS DATA, INC. AND NXTBETS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.
5. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
6. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
7. BACKGROUND INFORMATION
In order to use the Services, you may be required to register with ALT Sports Data, Inc. and NXTbets.com by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ALT Sports Data, Inc. and NXTbets.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ALT Sports Data, Inc. and NXTbets.com has the right to suspend or terminate your password and/or refuse any and all current or future use of the Services.
8. Applicable Law and Venue; Dispute Resolution
THE SITE IS INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
You agree to indemnify, defend and hold harmless ALT Sports Data, Inc. and NXTbets.com, the directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys’ fees, your use of the Website or the Services, your connection to the Website or the Services, your violation of the TOS, or your violation of any rights of another.
11. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
ALT Sports Data, Inc. and NXTbets.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice.
You agree that ALT Sports Data, Inc. and NXTbets.com, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if ALT Sports Data, Inc. and NXTbets.com believe that you have violated or acted inconsistently with the letter or spirit of the TOS. ALT Sports Data, Inc. and NXTbets.com may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ALT Sports Data, Inc. and NXTbets.com may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services.
13. ALT SPORTS DATA, INC. AND NXTBETS.COM ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that ALT Sports Data, Inc. and NXTbets.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ALT Sports Data, Inc. and NXTbets.com have no control over such sites and resources, you acknowledge and agree that ALT Sports Data, Inc. and NXTbets.com are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ALT Sports Data, Inc. and NXTbets.com 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
15. PROPRIETARY RIGHTS
Services and Content are the property of ALT Sports Data, Inc. and NXTbets.com and are licensed to ALT Sports Data, Inc. and NXTbets.com and may not be reproduced without the prior written consent of ALT Sports Data, Inc. and NXTbets.com. You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services, and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to ALT Sports Data, Inc. and NXTbets.com; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY ALT SPORTS DATA, INC. AND NXTBETS.COM, OR ADVERTISERS, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE WEBSITE, SERVICES, CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by ALT Sports Data, Inc. and NXTbets.com for use in accessing the Services.
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
17. LINKING TO THE WEBSITE
No link to the Website may be “framed” to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to ALT Sports Data, Inc. and NXTbets.com, the Website home page. “Deep Linking” to internal pages of the Website is expressly prohibited.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform, contests, sweepstakes or tournaments offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.
19. State-Specific Provisions.
Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.