The below terms and conditions govern your access to and use of BlueprintStats.com and Blueprint Stats branded software and applications, including any content, functionality, and services offered on or through the same (collectively, the “Website”). The services provided by Blueprint Stats through the Website may be collectively referred to as “Services” hereunder.

 

All users of the Website may be referred to as “Users” in this Terms of Use. Within this Terms of Use, “you” are a User of the Website (as defined below), and “we”, “us”, “our” or “Blueprint Stats” refers to Blueprint Stats, Inc., a Delaware corporation.

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Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, found at https://www.blueprintstats.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

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PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BLUEPRINT STATS THROUGH FINAL AND BINDING ARBITRATION.

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This Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, or if notice is required by law, when we provide notice to you of such updates. All changes apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of, or notice of, revised Terms of Use means that you accept and agree to the changes. If you do not agree with updated Terms of Use at any time, you should cease use of the Website and terminate your Account if you have one.

 

2. Accessing the Website. We reserve the right to withdraw or amend the Website and Services we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users. You agree that all information you provide through use of the Website or Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, linked above.  

 

3. Services.

3.1. The Website allows Users to upload recordings of sporting events (“Game Film”) to the Website. We may also have arrangements with sporting venues, sports clubs, sports teams, other sports organizations, and/or sports videographers (collectively, “Third Party Organizations”), from whom we receive Game Film and upload the same to the Website. We may use all Game Film, however obtained, to (i) offer such Game Film to Users for purchase; and (ii) create analyses of the Game Film, including developing statistics regarding the players and/or teams, and offer such analyses and statistics to Users for purchase. Game Film and any analyses thereof and statistics derived therefrom offered through the Website may be referred to herein as “Offered Content.”

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3.2. We are not required to take any action with respect to Game Film that you may upload. We may decline to process Game Film for any reason or no reason, including if the Game Film is not of high enough quality to analyze or sell. Further, we are not required to create any analyses or develop statistics based on any Game Film, or we may create analyses or statistics only for a certain team or for one or more specific players appearing therein. We are not required to offer analyses or statistics that we do create to Users generally, and we may make such analyses and statistics available only to the teams and/or players referenced therein.

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3.3. If you purchase Offered Content that contains personally identifiable information of a third party (for example, if you are a coach or athletic director obtaining statistical analyses of players on your team(s)), you represent and warrant that you have the right to request and obtain such personally identifiable information about such students/players. If we are made aware that you do not have the right to obtain such personally identifiable information, we may refuse to continue offering Offered Content to you, or we may remove any personally identifiable information from the Offered Content, to the extent possible.

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4. Registered Users. Browsing of the Website’s public pages is available to any user. However, access to certain Services will require you to create an account on the Website (an “Account”). Each individual may have only one account on the Website (each, a “Registered User”), and it must be in your real and legal name. We reserve the right to refuse to provide an Account to any User. If you are a Registered User, the terms of this section apply to you.

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4.1. If you choose, or are provided with, a username, password, or any other piece of information as part of our security or account registration procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you will log out from your account at the end of each session. You do not have permission to transfer or assign any Account or the use thereof to a third party. You are responsible for any activity that occurs through your Account.

 

4.2. You represent that all information you provide upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy. We will send any notices, including notices of updates to this policy, to you via the email address you provide to us. We are not responsible for providing notices to you if the contact information provided to us is incorrect or if you fail to keep us updated when your contact information changes.

 

4.3. We have the right to disable any Account, including any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Terms of Use or the Privacy Policy. 

 

5. Your Use of the Website.

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5.1. Uploading Film.

A. If you upload Game Film, you represent and warrant that you have the right to upload the Game Film including all intellectual property rights related thereto or contained therein, including but not limited to any copyrights in and to the recordings; the rights of publicity (also known as name, image, and likeness or “NIL” rights) of individuals appearing in the Game Film; any rights to privacy that may exist or relate to individuals appearing in the Game Film; and any trademark, trade name, or service mark, including the logos of certain sporting teams, clubs, and/or venues, as the same may appear within the Game Film (collectively, the “Intellectual Property Rights”). Without limiting the generality of the foregoing, you represent and warrant that you have received all appropriate permissions from the players (or if applicable, parents or legal guardians of the players), featured on the Game Film.

 

B. You acknowledge that you have the right to share personally identifiable information about individuals appearing in Game Film, either directly or as the same may be deduced or determined from review of the Game Film. Without limiting the generality of the foregoing, if the Game Film features children under the age of 16, you specifically agree and acknowledge that their parents or legal guardians have given all necessary permissions to allow you to provide Game Film for the purposes herein specified.

 

C. Any Game Film you contribute to the Website is considered non-confidential and non-proprietary. You hereby grant to Blueprint Stats and our licensees, distributors, agents, contractors, and representatives, a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to use, reproduce, transmit, display, exhibit, distribute, index, modify, create derivative works based upon, perform, and otherwise exploit the Game Film, including all Intellectual Property Rights therein, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Website or any related or affiliated sites), for any and all purposes, including, without limitation, the Services we offer via the Website, and for marketing purposes, without further notice or attribution to you. You represent and warrant that you have all necessary permissions to validly grant such sublicense.

 

D. You represent and warrant that you have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of this policy or the use or enjoyment by us of any of the rights herein granted. You have not sold, assigned, transferred, or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to us.

 

E. You agree that we are not responsible for the Game Film you upload, and we are not required to prescreen or review Game Film submitted to the Website to ensure it complies with this policy. If you upload Game Film, you agree to and shall indemnify, hold harmless, and at our request defend, Blueprint Stats from claims of infringement of Intellectual Property Rights or any other rights claimed appearing in or relating to Game Film by third parties, and all damages and losses related thereto. You agree that we may provide your contact information to a party claiming that Game Film uploaded by you infringes their rights.

 

F. We reserve the right to remove any Game Film that in our discretion could infringe upon third party intellectual property rights, or which we believe is not in compliance with this policy, or for any other reason in our discretion.

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5.2. Player Users. If you are a User of the Website and you are featured in Game Film available on this Website uploaded by others, or in statistics or other analyses related to your game play, then by your use of the Services, you: (i) are providing your consent to our use of the Game Film that you are featured in and which you either accessed or on which we have based statistics and analyses that you have accessed; (ii) agree and acknowledge that if such Game Film was uploaded by your school or applicable athletic organization, you have provided such school or organization the right to use such Game Film and provide the licenses herein contemplated; and (iii) waive any claims against Blueprint Stats related to the use of your name, image, voice, and likeness in connection with the Game Film and any Services you accessed through the Website. To the extent you are a User under the age of 18, you represent and acknowledge that you possess legal parental or guardian consent to agree to this policy and use the Website and Services.

 

5.3. Regulations. Blueprint Stats is not affiliated with or sponsored by any athletic association, including but not limited to high school athletic associations or governing bodies and any collegiate athletic associations or governing bodies. You are responsible for your use of the Services, including knowing and complying with any rules that apply to your sporting activities and governing bodies thereof. We have not had our Services evaluated by any athletic associations or governing bodies to confirm that the Services comply with any rules or regulations that may exist. Your use of the Website and Services is entirely at your own risk in regard to such compliance with athletic associations or other athletic governing bodies.

 

6. Payments and Charges.

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6.1. If your Account requires a recurring payment, you expressly agree that we can automatically charge your payment method on file without further notice or consent from you. If you fail to make any payment, if your automatic payment does not transfer, or if your credit card company or financial institution refuses to pay any amount billed, we may cancel your Account without further notice. By providing a payment method or payment details, (i) you represent and warrant to Blueprint Stats that you are an authorized user of such payment method and (ii) you are authorizing Blueprint Stats (or its third-party provider) to charge all fees incurred by you. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Blueprint Stats. If your Account is terminated for any reason, we will cease drawing any further payments, but will not provide partial or pro rata refunds. Until your Account is terminated, you will continue to accrue charges for which you remain responsible, even if you do not access or use your Account or the Services.

 

6.2. If we change any subscription-based pricing model, Registered Users will be alerted 60 days in advance of the change in pricing; you may cancel your Account if you do not agree to the changes. If you do not cancel your account, you expressly agree to the change in pricing.

 

6.3. We may use a third-party payment processor for Registered Users’ payments, and such payment processor may have separate policies, including terms of use and privacy policies, that apply to you.

 

6.4. All references to a “chargeback” refer to a reversal of a credit/debit card charge. There is no reason for a chargeback to ever be filed. If you dispute a payment, you agree to first contact Blueprint Stats regarding such dispute. You agree that you will not chargeback any amounts charged to your credit/debit card by Blueprint Stats in connection with the services and pursuant to this agreement. If you chargeback a credit/debit card charge for a payment initiated by you, you agree that Blueprint Stats may recover the amount of the chargeback, in addition any chargeback fees levied by a payment service provider, by any means deemed necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency.

 

7. Prohibited Uses; Content Standards.

 

7.1. You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; to transmit, or procure the sending of, any advertising or promotional material without our prior consent; to impersonate or attempt to impersonate any other party; or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Users of the Website or expose them to liability, in our sole discretion.

 

7.2. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party's use of the Website; use any device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use; or introduce any viruses or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.

 

7.3. Contributions by Users to the Website of any kind, including Game Film, must in their entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, such contributions must not contain any material that (i) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any intellectual property right or other legal rights of any other person; (iv) is likely to deceive any person; (v) promotes any illegal activity, or advocate, promote, or assist any unlawful act; (vi) impersonates any person, or misrepresent your identity or affiliation with any person or organization; or (vii) involves commercial activities or sales.

 

8. Intellectual Property Rights.

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8.1. You acknowledge and agree that Blueprint Stats will own all rights, including rights to content, methods, processes, specifications, techniques, and general intangibles, whether or not copyrightable, to any and all materials developed by Blueprint Stats, including statistical reports, statistical analyses, and other analyses and reports we may create or offer related to game play for teams and players, whether or not based on Game Film. You further acknowledge that to the extent such materials created by Blueprint Stats are or could be considered derivative works of Game Film uploaded by you, you (i) hereby transfer and assign any and all such rights you may have in such materials to Blueprint Stats; and (ii) represent and warrant that you have made all parties aware of Blueprint Stats’ ownership of such content, and they have agreed to the same, at the time of obtaining any applicable permissions necessary to upload the Game Film. In accordance with its ownership of such intellectual property rights, and without limiting its rights, Blueprint Stats may make use of such content in any manner, by any method, and for any purpose that it determines appropriate, without limitation.

 

8.2. You acknowledge and agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property law and other laws. The Website, the Services, and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated therewith are owned by Blueprint Stats Inc. and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. As between Users and Blueprint Stats, all right, title and interest in and to any intellectual property incorporated, used, or made viable in connection with to the Services will remain solely with Blueprint Stats. The term Blueprint Stats, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Blueprint Stats Inc. You agree that you are only using the Services for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website, Blueprint Stats, or the Services.

 

8.3. We may allow you to download Offered Content that you purchase or obtain from the Website. When you purchase or download such Offered Content, you do so only under a license or sublicense as applicable, and you are not purchasing any intellectual property rights in or to the Offered Content. You agree that such Offered Content is for personal use only; you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit to others, any of the Offered Content, or any other content you obtained from the Website. You may not remove proprietary notices from copies of materials, including Offered Content, that you obtain through the Website.

 

8.4. Without limiting the generality of the foregoing, you will not resell or provide Offered Content to any third party, for valuable consideration or otherwise, and you acknowledge that doing so may not only be a violation of this policy but may also constitute a violation of relevant privacy laws, rules, and regulations, whether set forth by the federal government, states, or via common law, particularly, but not limited to, a situation in which such Offered Content contains personally identifiable information of third parties.

 

8.5. If you wish to make any use of material on the Website other than as specifically allowed herein, please address your request to: support@blueprintstats.com. We may approve or deny such request in our sole discretion. If you do not receive a response from us, such non-response constitutes a denial of your request.

 

9. Storage of Content. You should not rely upon the Website or Blueprint Stats to store content for any period of time. If you purchase Offered Content, you should download the same and store it on your systems.  We are not responsible for your inability to later access such content or materials via the Website. We are not liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any content you have either uploaded or purchased via the Website.

 

10. Monitoring, Enforcement, and Termination. We have the right to disclose your identity or other personal information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and to take appropriate legal action, including without limitation, refer you to law enforcement, for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BLUEPRINT STATS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

11. Reporting Infringement.

 

11.1. Copyright Infringement and DMCA Notices.

 

A. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent, Clyde Hunter Hawley, via support@blueprintstats.com or (317) 777-7936. The address of our copyright agent is the address of the Company, 642 N. Madison St., Bloomington, IN, 47048. The written notice (the “DMCA Notice”) must include the information required by 17 U.S. Code § 512, including the following:

 

I. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

 

iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

 

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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B. If you fail to comply with all of the requirements of 17 U.S. Code § 512, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

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C. If you believe that your content was removed (or to which access was disabled) under this section, but is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a counter-notice. To be effective under this subsection, a counter notification must be a written communication provided to our designated agent set forth above that includes substantially the following:

 

I. A physical or electronic signature.

 

ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

 

iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for the judicial district in which we are located, and that you will accept service of process from the person who provided notification under 17 U.S. Code § 512 subsection (c)(1)(C), or an agent of such person.

 

11.2. Right of Publicity, Trademark.  If you believe that your right of publicity (also known as name, image, and likeness or “NIL” rights), or your trademarks, service marks, or trade names are infringed by materials on the Website, you may request removal of those materials (or access to them) from the Website by submitting written notification to our intellectual property agent at support@blueprintstats.com. Our intellectual property agent may request certain details from you to verify your request. You represent and warrant that all information provide to us for such purpose is true and accurate. You agree that if we remove the allegedly infringing content from our Website within a reasonable period of time after we receive such notice from you, you will and hereby do waive any claims or causes of action you may otherwise have against Blueprint Stats related to such infringing materials, unless you specifically state that you do not waive such rights in the notice you provide to us.

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11.3. Impersonation. Unless and until given information to the contrary, we assume that each Registered User has the right to create an Account, make contributions to the Website, and otherwise use the Services. We are not liable to any third-party if an unauthorized account is created on their behalf. If you feel that an account has been created on our Website on behalf of your or an entity that you control that was not authorized, please contact us at support@blueprintstats.com.

 

12. Geographic Restrictions. The owner of the Website is based in the State of Indiana in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

13. Disclaimer of Warranties.

 

13.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

13.2. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE OFFERED ITEMS, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLUEPRINT STATS NOR ANY PERSON ASSOCIATED WITH BLUEPRINT STATS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BLUEPRINT STATS NOR ANYONE ASSOCIATED WITH BLUEPRINT STATS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

14. Limitation on Liability.

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14.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BLUEPRINT STATS, ITS AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

14.2. IN THE EVENT THAT BLUEPRINT STATS IS FOUND LIABLE TO ANY USER UNDER THIS POLICY OR UNDER CLAIMS RELATING TO THE SERVICES PROVIDED TO A USER BY BLUEPRINT STATS, THE TOTAL LIABILITY OF BLUEPRINT STATS TO SUCH USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BLUEPRINT STATS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

 

15. Indemnification. You agree to defend, indemnify, and hold harmless Blueprint Stats, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to content submitted by you, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

16. Governing Law and Arbitration. YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

16.1. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

 

16.2. You and Blueprint Stats will engage in good faith negotiation to resolve any dispute, claim, or question, and use respective best efforts to settle the same, as a condition precedent to either party initiating any court action, lawsuit, mediation, or arbitration. If no resolution is reached, either party may initiate binding arbitration as the sole means to resolve claims, as provided herein. All claims arising out of or relating to this Agreement, including access to and use of the Services, shall be finally settled by binding arbitration administered by JAMS under the applicable commercial arbitration rules, excluding any rules or procedures governing or permitting class actions.

 

16.3. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, non-appealable, and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

 

16.4. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

17. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

18. Entire Agreement. This Terms of Use and the Privacy Policy contain the entire agreement between Blueprint Stats and you as a User of the Services. No other communications, whether direct or indirect, between you and Blueprint Stats will, or are intended to, alter, or supersede any provision of this Terms of Use or Privacy Policy.

 

19. Waiver and Severability. No waiver by Blueprint Stats of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blueprint Stats to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

20. Comments and Concerns. We welcome our Users to report any suspected violation of this Terms of User or Privacy Policy by reaching out to us using the following contact email: support@blueprintstats.com. We will investigate any such report and may act as we deem appropriate in our sole discretion.