StatMaster Pro Player's Club Terms and Conditions and Copyright Info


	PLEASE USE THE BACK BUTTON ON YOUR BROWSER TO RETURN TO THE REGISTRATION PAGE StatMaster Pro operates the StatMaster Pro Players Club online membership service. As with any online service, we must establish some basic rules designed to ensure the enjoyment of all our members. These rules are outlined below The StatMaster Pro Players Club Membership Agreement Follows: THIS STATMASTER PRO PLAYERS CLUB MEMBER AGREEMENT (THE "AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS OF YOUR STATMASTER PRO MEMBERSHIP. AS A CONDITION OF MEMBERSHIP, YOU MUST ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY; THEREFORE, WE ENCOURAGE YOU TO CAREFULLY REVIEW AND FAMILIARIZE YOURSELF WITH IT. IN ADDITION, YOU SHOULD REVIEW THE AGREEMENT FROM TIME TO TIME FOR ANY IMPORTANT CHANGES. THE CURRENT VERSION OF THE STATMASTER PRO PLAYERS CLUB MEMBER AGREEMENT WILL ALWAYS BE AVAILABLE ONLINE FROM THE CUSTOMER SERVICE PAGE OF THE STATMASTER PRO PLAYERS CLUB MEMBERSHIP SERVICE. 1. General "StatMaster Pro Players Club" is an interactive online service (the "Service") located on the StatMaster Pro site on the World Wide Web of the Internet (address: http://www.fortunecity.com/business/banking/351). The Service offers Members (as defined below) access to (i) information, software and other content owned or licensed by StatMaster Pro and third-parties ("Content Providers"), and (ii) merchandise and services offered by StatMaster Pro and independent merchants ("Merchants"). For purposes of this Agreement, "Member" means any person who establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the Member and a Member's Account is not transferable. Unless authorized by StatMaster Pro, a Member must be an individual who is at least eighteen (18) years of age and may not be a firm, business entity or institution. A Member may permit usage of the Service by other individuals in Member's household, but the Member remains solely responsible for all charges incurred by such individuals and for compliance with this Agreement. By registering as a Member and using the Service, you accept and agree to comply with all of the terms and conditions of the Agreement, as modified from time to time, and all rules or policies posted on the Service ("Operating Rules"), for as long as you remain a Member. Except as expressly permitted in this Agreement or the Operating Rules, no portion of the Service (including any information, content or software other than software to be used solely in connection with Member's Account) may be downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any Member. 2. Price and Payment StatMaster Pro offers an annual membership plan ("Annual Membership Plan") and offers a monthly membership plan ("Monthly Membership Plan") to new Members only. New Members must provide StatMaster Pro with a check or money order payable to "StatMaster Pro" within two weeks of the date they sign up for membership even if they have not received an invoice from StatMaster Pro. Failure to provide the fee for membership will cause termination of services by StatMaster Pro until such time as the fee is received by StatMaster Pro. After payment has been received, member shall have his membership reinstated with full the full privileges as outlined in this agreement. Members signed up for the Annual Membership Plan may cancel their membership without obligation by calling StatMaster Pro Member Services at 1-402-553-5532 prior to the expiration of the 30-day Introductory Period and requesting cancellation of their membership. Member agrees that, unless his or her membership is canceled before the expiration of the 30-day Introductory Period, StatMaster Pro shall accept as payment for membership any monies received as of the expiration of the 30-day introductory Period. The fees for such Membership Plan commencing on the date that Member first signed up for the applicable Membership Plan. All fees will be charged at the standard fees in effect for that Membership Plan at the time the fee becomes payable. Unless Member instructs StatMaster Pro to the contrary by calling 1-402-553-5532, at the expiration of Member's Membership Plan, StatMaster Pro will automatically renew Member's Account under the same Membership Plan in effect at the time of renewal. 3. Modifications StatMaster Pro reserves the right, at any time, to (i) modify the terms of this Agreement or any Operating Rules, (ii) modify the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the Member, or (iii) modify any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. Members will be given a minimum of thirty (30) days' notice prior to any increase in existing fees or charges becoming effective. All other modifications shall be effective immediately upon notice. Any use of the Service under a Member's Account after such notice shall be deemed to constitute acceptance by the Member of the modifications. 4. Account Responsibility and Fees The Member is responsible for ensuring that all use of the Service under the Member's Account (i.e., use of the Service by any person using the Member's User ID and password) complies with the provisions of this Agreement and all Operating Rules. The Member is responsible for maintaining the confidentiality of his or her password. If the Member believes that his or her Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Member's password), Member must promptly change his or her password and notify StatMaster Pro as set forth below to avoid liability for any unauthorized charges to Member's Account. The Member is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the Member's Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges (including subscription fees) are non-refundable. The Member may, upon request (by electronic message or conventional mail), receive supporting information relating to charges to the Member's Account. Orders for purchases of merchandise or Services advertised on the Service from StatMaster Pro or Merchants are subject to availability and acceptance. StatMaster Pro is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by StatMaster Pro. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges). Unauthorized access to the Service or any premium feature or option is a breach of this Agreement and a violation of law. The Member is responsible for protecting the confidentiality of the Member's password. The Member is responsible for and must provide all telephone and other equipment and services (including Internet access provider fees) required for access to and use of the Service. 5. Member Conduct The Member shall be responsible for, and assumes all liability associated with, any material made available though the Service under the Member's Account, including but not limited to liability for claims of infringement of intellectual property rights and defamation. The Member shall not post, transmit through, or otherwise make available on the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of StatMaster Pro, any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose). Although StatMaster Pro does not and cannot review every message posted by Members on the Service, StatMaster Pro shall be under no obligation to permit any material posted or transmitted by the Member to remain on the Service, and may refuse to display or may remove from the Service any material which StatMaster Pro, in the exercise of its sole discretion, believes violates this Agreement or any Operating Rules. Material authored by Member or a user authorized by Member under this Agreement ("Member Material") that is posted, transmitted through or otherwise made available on the Service by the Member in public posting areas such as discussion groups, chat rooms, etc. shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by StatMaster Pro (or another Member) for any purpose without the permission of the Member. Member acknowledges that any Member Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by StatMaster Pro, and Member waives, and agrees never to assert, any moral rights Member may have in such Member Material. 6. Service Content StatMaster Pro Players Club contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by this Agreement or the Operating Rules, the Member may not copy, reproduce, publish, retransmit, redistribute, publish commercially, exploit or otherwise transfer any copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The Member may download or make a single copy of copyrighted materials solely for the Member's own personal use, provided the Member preserves any copyright or other notices contained in or associated with them. StatMaster Pro shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized StatMaster Pro spokesperson. Service advertisers, Content Providers, Members, guests, independent writers and experts are not authorized StatMaster Pro spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, Members, guests, independent writers or experts be relied upon for important personal decisions without independent verification. Except as stated in the license agreement accompanying any software provided through or in connection with the Service ("Software"), the Member is granted only a personal, non-exclusive and non-transferable license to use such Software while Member's Account remains in effect, and unauthorized use and copying of such Software is prohibited. STATMASTERPRO and STATMASTERPRO PLAYER'S CLUB are trademarks of StatMaster Pro. All other trademarks appearing on the Service are trademarks of their respective owners. 7. Disclaimers and Limitation of Liability THE MEMBER AGREES THAT THE USE OF THE SERVICE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE IS AT THE MEMBER'S SOLE RISK. NEITHER STATMASTER PRO, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL BE ERROR-FREE; NOR DO STATMASTER PRO OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED TO MEMBER ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND STATMASTER PRO HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE MEMBER'S SOLE AND EXCLUSIVE REMEDY AND STATMASTER PRO'S SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE MEMBER'S ACCOUNT. IN NO EVENT WILL STATMASTER PRO OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL MEMBERS. 8. Indemnification The Member agrees to defend, indemnify and hold harmless StatMaster Pro, its affiliates and Content Providers and their respective directors, officers, employees and agents from and against all claims and expenses, including without limitation, reasonable attorneys' fees and court costs, arising out of the Member's use of the Service or the Member's Account. 9. Notices StatMaster Pro may provide notice to Members, at StatMaster Pro's option, by posting a message on the Service, by electronic or conventional mail, or by any other means by which Members obtain actual knowledge thereof. Notices by Members to StatMaster Pro must be provided by electronic or conventional mail. Notices to StatMaster Pro by electronic mail must be sent to Customer Service at [email protected]. Notices to StatMaster Pro by conventional mail must be sent to: StatMaster Pro, PO Box 4331, Omaha, NE 68104, Attention: Customer Service. Notices provided by a Member to StatMaster Pro will not change the terms of this Agreement or any Operating Rule, unless a modification is expressly accepted in writing by an authorized officer of StatMaster Pro. 10. Termination Either StatMaster Pro or the Member may terminate this Agreement and the Member's Account at any time, with or without cause. In the event that the Member is dissatisfied with the Service for any reason whatsoever, Member's sole and exclusive remedy is to terminate the Member's Account by notice to StatMaster Pro pursuant to this Agreement. StatMaster Pro may suspend or terminate Member's Account, without notice, in the event of any breach by the Member (or individuals in Member's household) of this Agreement or any Operating Rules or for other conduct by the Member (or individuals in Member's household) which StatMaster Pro, in its sole discretion, considers to be unacceptable. Suspension or termination of a Member's Account means that the Service will no longer be accessible to the Member. StatMaster Pro shall not be responsible for any consequences of such lack of access. Suspension or termination of a Member's Account by StatMaster Pro also terminates the Member's license to use any Software provided by StatMaster Pro. The provisions of this Agreement will survive the termination of the Agreement or the Member's Account, whether by StatMaster Pro or the Member. 11. Use of Member Information 12. Miscellaneous This Agreement together with the Operating Rules constitute the complete and entire agreement between StatMaster Pro and the Member with respect to the Service, and supersede all other communications and agreements with respect to the subject matter hereof. This Agreement may be modified from time to time upon notice by StatMaster Pro, as described above. The provisions of this Agreement are for the benefit of StatMaster Pro, its Content Providers, and their respective employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. This Agreement shall be construed in accordance with the laws of the State of Nebraska, without regard to its conflict of laws rules. If any provision of this Agreement is determined to be invalid, such provision shall be enforced to the maximum extent permissible, and all other provisions shall remain in full force and effect. No waiver 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. APPENDIX A - SPECIAL NOTICES Notice to California Members As required by California Code Section 1789.3, this notice is to advise you of the following: a. StatMaster Pro Players Club Service is a service provided by StatMaster Pro, PO Box 4331, Omaha, NE 68104, telephone number 1-402-553-5532. b. The fees and charges for the Service vary depending on the premium features and options selected by the Member. For a description of all current fees and charges, see the Customer Services section of the Service. StatMaster Pro reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on thirty days' notice to the Members of the Service. c. If you have a complaint regarding the Service or desire further information on use of the Service, contact StatMaster Pro. by telephone at 1-402-553-5532. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254. PLEASE USE THE BACK BUTTON ON YOUR BROWSER TO RETURN TO THE REGISTRATION PAGE.