Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions of Use (the “Terms of Use”) apply to the FantasyGolfMetrics LLC web site located at www.FantasyGolfMetrics.com (the “Site”). The Site is the property of FantasyGolfMetrics LLC. FantasyGolfMetrics LLC ("FGM," "we" or "us") provides its "Service" (as defined herein) to you ("you" or "User"), subject to the following Terms of Use, which may be updated by us from time to time at our sole discretion without notice to you. Please read the Terms of Use completely before using our Site and/or Service. We recommend that you refer to the Terms of Use from time to time to help make sure you are aware of changes to this Terms of Use. The Terms of Use can be viewed at any time at: http://www.fantasygolfmetrics.com/Account/TermsAndConditions. Your use of the Service is conditional upon your acceptance of all terms and conditions contained within the Terms of Use as it exists at the time of use, and your use of the website and/or the Service constitutes acceptance of those terms. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITE YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

2. Description of Service

FGM currently provides Users with an interactive platform in which Users become members, browse content, proprietary statistics, rankings, lineups, models and promotions, engage in various discussions, send private messages and contribute to the FGM online community. FGM also provides access to numerous online resources, including various researching tools, forums, articles, reviews, guides, hyperlinks, personalized content and fantasy sports related contests (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FGM affiliates, software, data or content, shall be subject to the Terms of Use. You understand and agree that FGM assumes no responsibility for the timeliness, deletion, delivery or failure to store any User communication or personalized settings. In addition, FGM holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. FGM may also choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges) as well as all equipment necessary to make such connection to the Service. You agree that you may not resell, lease, license, assign, or redistribute the Service or the Content (defined below), in whole or in part, to any third party. You further agree that you will not: (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (d) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (e) frame or mirror any part of the Service or Content, (f) access any portion of the Service or Content in order to build a competitive product or service, (g) reverse engineer, decompile, modify or create any derivative work from any portion of the Service (to the extent such restriction is permitted by law), or (h) reproduce or circumvent the navigational structure or presentation of the Site, Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Service is strictly for entertainment and informational purposes. The Service is not to be used for or in conjunction with any illegal activities. You agree that FGM and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any User activity that may violate any law of the User's jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Service.

3. Service Content: Information and Tools

The Service contains information, advice, text, materials, podcasts, rankings and services (collectively, the "Content") that are provided for your convenience and entertainment. Third parties also provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions of third parties not directly under the control of FGM. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. The Service contains proprietary information, statistics, and projections both original and from other third-party sources. Users of the Service may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content. Some portions of the Service or Content may require paid subscriptions to access. We reserve the right to change, modify and increase any such subscription fees or any other terms of access to the Service and Content at any time, in our sole discretion. We will make reasonable efforts to notify you of any such changes prior to their implementation, using the contact information you have provided us. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Service or Content, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Service or Content or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Service or Content.

4. User Registration Obligations; Other Terms and Conditions

Registration is required for the access and use of the Service. In the event that you subscribe to such Services or Content provided by FGM via the Site on a subscription basis (the “Subscription Content”), upon payment of any applicable fees or other charges associated with such subscription, FGM grants you a limited, non-exclusive, non-transferable license to access and use such Subscription Content for the term of the subscription. You may use the Subscription Content, the Site, Service, Content and any material which meet the definition of Service or Content hereunder for your noncommercial, personal use only and not for any other purpose. The Subscription Content is a premium service, available to our Users through FGM or by signing up with certain sites (e.g., FanDuel) through the links provided on the FGM Site and making a deposit. The rates and charges (including monthly charges) imposed by us for the Subscription Content are set at our discretion and subject to change. All membership sales are final. From time to time, FGM may offer free access to or special introductory rates on our Subscription Content (each, an “Introductory Promotion”). FGM reserves the right to end your Introductory Promotion. Further use of the Subscription Content will require payment. The Introductory Promotion includes access to Subscription Content and automatically renews at the applicable membership rate unless cancelled by the User. A user may only be granted an Introductory Promotion once per site, per household. Any attempt to circumvent this rule in any form (such as by creating multiple accounts, signing up a second account through a family member) will be subject to the forfeiture of any existing access to FGM services on any accounts linked to the forbidden activity. FGM reserves the right to revoke free access at its sole discretion. It is the responsibility of the User to keep track of the Introductory Promotion’s expiration date and cancel prior to renewal. Members can review their expiration date and/or cancel active memberships at any time by logging in and visiting the http://www.fantasygolfmetrics.com For more information, visit us at: http://www.fantasygolfmetrics.com/Profile/Index. In consideration of your registration, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also hereby agree to provide true, accurate, current, and complete information about yourself as prompted by the Service's registration page. If at any time you provide us with any information about yourself that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to believe you have done so), we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. If you do not comply with the Terms of Use at any time, FGM reserves the right to bar, restrict, revoke, or suspend your access to the Site or Service and/or to terminate this license at any time. Further, FGM may limit your access to the Site or Service or restrict your ability to post or download Content or order products and services.

5. User Accounts; Security

During completion of the Service's registration process, you will select an account username and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify FGM of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. FGM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Accounts may not be shared and may only be used by one individual per account. A user may only have one FGM member account and shall only use the services offered by FGM through their sole account. It is prohibited for a member to open multiple FGM member accounts. In the event that we become aware of additional accounts being opened by a single member, we reserve the right to close additional accounts without notice, resulting in the forfeiture of any access to FGM services on that account as well as any other linked accounts we may discover in the process of investigation.

6. Privacy Policy

FGM’s Privacy Policy applies to use of this Site and its Service and/or Content and its terms are made a part of these Terms of Use by this reference. To view FGM’s Privacy Policy, http://www.fantasygolfmetrics.com/Account/TermsAndConditions . Additionally, by using the Site and/or Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Your agreement with and acceptance of these Terms of Use shall also constitute explicit agreement with and acceptance of the FGM Privacy Policy.

7. Third-Party Content, Links and Services:

The Service and/or Content may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. FGM may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable. In consideration for the convenience of FGM making this third-party content and tools available or accessible to you, you acknowledge that FGM is not responsible for any such third-party content or tools. Because FGM has no control over such third-party content and resources, you acknowledge and agree that FGM 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 sites or resources. You further acknowledge and agree that FGM 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 third-party site or resource. Your correspondence and business dealings with third-party sites and/or advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third-party, and that you must contact the third party directly for any remedies that may be available to you. Other sites may link to, but not replicate FGM content. Any other site that links to the Service shall not (i) create a browser or border environment around any of the content of the Service, (ii) imply that FGM is endorsing or sponsoring it or its products, (iii) present false information about FGM or its products or services, (iv) use FGM trademarks or other intellectual property, or (v) contain content that could be construed as distasteful, offensive or controversial, without the express written consent of FGM. Notwithstanding anything to the contrary contained in this Terms of Use, we reserve the right to deny permission to link to the Service from any website for any reason in our sole and absolute discretion.

8. User Content and Conduct

From time to time, FGM may permit you to upload information, communications, software, messages and other materials to the Service ("User Content"). User Content is your sole responsibility. For the avoidance of doubt, you, and not FGM, are entirely responsible for all of the User Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. FGM cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in the User Content, or for any loss or damage of any kind incurred as a result of the use of any of the User Content you made available via the Service. You acknowledge that FGM does not pre-screen User Content, and that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse, remove, or move any of the User Content that you make available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any the User Content you make available on the Service including, but not limited to, any reliance on the accuracy, completeness, or usefulness of such User Content. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by FGM and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. You acknowledge and agree that FGM may archive any User Content and may also disclose User Content at any time and for any reason. Since we do not pre-screen User generated content, you may be exposed to content that is offensive, indecent, or objectionable. By accepting the Terms of Use, you agree that FGM may remove or suspend your access and registration to the Service for any misuse described above or otherwise deemed by FGM, in its sole discretion, to potentially endanger the Service, other users, or the Service’s ability to operate effectively.

9. Disclaimer of Service of Resale

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including User Security information), use of the Service, or access to the Service. Subscription Content promotional subscriptions are non-transferable and cannot be exchanged for cash or other products. All promotional offers and Subscription Content included is specific to the site joined through the promotion. In the event the specific site is no longer operational FGM reserves the right to end access to the promotion and the content included. The promotional term length or any portion of the promotion may be revised or terminated at any time.

10. Rights to Terminate Use

You agree that FGM reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Service at any time where FGM has determined, in its sole discretion that the use of the Service by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO FGM AND WITHOUT ANY LIABILITY WHATSOEVER, FGM AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE, SERVICES AND/OR CONTENT. You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice, and will cause irreparable harm to FGM, for which monetary damages would be inadequate, and you consent to FGM obtaining any injunctive or equitable relief that FGM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FGM may have at law or in equity.

11. Disclaimers

FGM DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, PRODUCT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE AND/OR SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS SERVICE AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FGM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FGM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FGM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FGM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FGM FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. You understand that the Service contains information about sports and fantasy sports, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. FGM ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF THE SERVICE OR ANY OF THE MATERIAL ON THE SITE, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES IS FGM, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF FGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). The above limitation applies to your use, misuse, or reliance upon the Site, Service and/or Content including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the Site. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. You use the Service and the Content at your own risk. FGM will not be responsible for any loss you suffer as a result of your use or reliance upon the Service or the Content. By using the Service and the Content, you represent that you understand and acknowledge that the performance of individuals and teams in sporting and gaming contests is affected by many factors that are beyond FGM’s control. FGM makes every effort to furnish accurate and complete information and data, but FGM does not warrant or guaranty the accuracy or completeness of any information and data contained within the Service and the Content.

13. Indemnity

You agree to defend, indemnify, and hold harmless FGM and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, Service and/or Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, Service and/or Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, Service and/or Content using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Services or Content utilizing your account information, whether or not known or authorized by you.

14. Copyrights & Trademarks

The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The content contained on the Service is protected by copyright and is owned or controlled by FGM or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service or Content is expressly prohibited without prior written permission from FGM or the copyright holder as identified on the Service or Content. FGM and other service marks, trademarks and logos displayed on the Service are the property of FGM or its licensors. You agree not to display or use the FGM intellectual property in any manner, without express written consent from FGM. Elements of the Service including, but not limited to, the "look and feel," are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by FGM. By agreeing to the Terms of Use, you agree and understand that FGM may terminate use of the Service, as detailed in Section 10, of subscribers and account holders who infringe the rights of copyright holders.

15. Governing Law; Jurisdiction and Venue

The Terms of Use and the relationship between you and FGM shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. By use of the Site, you irrevocably submit and consent to the exclusive jurisdiction and venue of the New Jersey courts in and for Middlesex County, and the Federal courts in and for the United States District Court for the District of New Jersey for any dispute arising out of, relating to or in connection with this Terms of Use or your access or use of the Service and the Content. You waive any right to raise the defense of forum non conveniens.

16. Miscellaneous Information

This Terms of Use contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between us. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Miscellaneous

Captions contained in this Terms of Use are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Terms of Use or the intent of any provision of this Terms of Use. It is the intent of the parties that neither this Terms of Use, nor any covenant in this Terms of Use, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this Terms of Use shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Terms of Use.