Effective Date: January 5, 2021
, and any other services, applications (including mobile applications), or data
products and services made available by StatStak from time to time (collectively, “Services” or the “Platform”). The Platform is owned and
operated by StatStak, Inc. (“StatStak,” “we,”
“us,” or “our”). By registering for and/or using the Services, you agree that you
have read and understood and agree to be bound by this Agreement. If you are using the Service on
behalf of a company or other entity, you represent and warrant that you have full legal authority to
register for our Services on behalf of that entity and bind it to these Terms. These Terms govern
your use of the Services.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND
INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. By using the
Platform or accepting these Terms, you accept and agree to be bound and abide by these Terms and our
We reserve the right to modify,
amend, or change the Terms at any time. Notice of any material change will be posted on this
page with an updated date. In certain circumstances, we may notify you of a change to the Terms
via email or other means; however, you are responsible for regularly checking this page for
notice of any changes. Your continued use of the Platform constitutes your acceptance of any
change, and you will be legally bound by the updated Terms. If you do not accept a change to
these Terms, you should stop using the Platform immediately.
1) The Platform. StatStak is a platform used to collect, use, disclose, and share certain sports
statistics, performance data and related personal information and materials (“Data”) from sports players (“Athletes”) and third party data sources and allows sports coaches (“Coaches”) to buy, access, and utilize the Data, leveraging artificial intelligence and
such data to Athletes and Coaches (“Data Packs”).
a) For Athletes. When Athletes create an
Account, they will receive an informational profile comparing their Data to the aggregate
population. Athletes must consent to share Data with Coaches. Athletes may purchase Data Packs
from StatStak in accordance with Section 6(b) below.
b) For Coaches. When Coaches create Accounts,
Coaches can upload team data (comprised of individual Athlete’s Data) to the Platform and may access an
Data that has been shared with them. Coaches may purchase Data Packs in accordance with Section
2) Eligibility. To use the Platform, you represent and warrant that you: (a) are at least 13
years of age, and (b) you have not previously been removed from the Platform by us. If you are below the age of 18,
then your parent or legal guardian must read and accept the terms and conditions of these Terms
of Use in your name and on your behalf. If you become aware of anyone using the Platform who is
under the age of 13, please report this to: firstname.lastname@example.org. We do not knowingly collect information from anyone under the age of
13. We may, in our
sole discretion, refuse to offer the Platform to any person or entity for any reason. We may
also change this eligibility criteria at any time, in our sole discretion.
3) Your Account.
a) Account Creation. To access the Platform,
you will need to provide your name, date of birth, home address, phone number, and email address
Data”) to create an account (“Account”). If you are an Athlete, you will also need to provide other information for
statistical purposes, such as your height and weight, as part of the Account Data. You may only
upload logos or trademarks from your team’s organization with permission from your
b) Account Security. You
must access the Platform solely using your Account and password. You shall not share your
Account or password with anyone. You are responsible for all usage and activity on your
Account and for the loss, theft, and/or unauthorized disclosure of your password. You shall
immediately provide us with prompt written notice of any known or suspected unauthorized use
or breach of the security of your Account or password.
c) Emails/Push Notifications. By registering
for an Account, you authorize StatStak to send you emails or push notifications regarding the
Services or newsletters, marketing, or promotional materials relating thereto. You may opt-out
of emails by clicking on the “unsubscribe” link in each email or by emailing email@example.com. You may opt-out of push notifications by changing your preferences on
d) Account Deletion. You may delete your
Account at any time under the “Profile” section of the Platform. If you delete your Account, your
Account Data will be deleted within ten (10) days. Any Data or personal information provided may
remain on the Services on a deidentified basis for inclusion in our products and
4) Privacy. Our Privacy
explains what information may be collected through the Platform, how that information may be
used and/or shared with others, how we safeguard that information, and how you may access or
control its use in connection with our marketing communications and business
5) Duration and Termination. These Terms apply to you the moment that you
first use the Service and shall continue to apply for as long you have an Account with the Service or otherwise
use the Service. We may terminate these Terms, or any portion of them, at any time, without
notice to you, for any reason. However, the portions dealing with intellectual property rights,
indemnification, disclaimers, limitation of liability, and governing law and any other portions
which by their nature would continue beyond the termination of these Terms, will survive the
termination of these Terms. We may suspend, restrict, or terminate all or part of your Account
and/or access to and/or use of the Service or Platform, or remove any or all of Your Content (as
defined herein) from the Service, at any time, for any reason, at our sole discretion, without
prior warning or notice to you.
6) Purchases. StatStak utilizes Stripe (https://stripe.com/payments) to process online credit card
payments and bank transfers. StatStak does not store or share any credit card
a) Subscriptions. You may purchase access to
the Platform (“Subscription”) from StatStak by paying a
subscription fee in advance on a yearly basis, unless a shorter period is permitted as indicated
on the Platform, as agreed to by you prior to your purchase.
i) Fee Changes. StatStak may, in its sole
discretion, change the Subscription price or any other price for the Services at any time.
Subscription price changes will take effect at the start of the next subscription period
following the date of the price change. Subject to applicable law, you accept the new price
after we receive your authorization to charge your credit card. If you do not agree with a price
change, you have the right to reject the change by unsubscribing from the Subscription prior to
the price change going into effect.
ii) Refunds. StatStak may, in its sole
discretion, initiate refunds to you for Platform or Service access unless you have breached the
terms of this Agreement. We do not provide refunds or credits for any partial subscription
iii) Term/Termination/Cancellations. Your
payment to StatStak will automatically renew at the end of the applicable Subscription period,
unless you cancel your Subscription before the end of the then-current subscription period at
app.statstak.io/unsubscribe. We will notify you at least thirty (30) days before your Subscription is set to
renew. The cancellation will take effect the day after the last day of the current Subscription
iv) Trials. From time to time, StatStak may
offer trials of Subscriptions for a specified period without payment or at a reduced rate (a
“Trial”). StatStak may determine your
eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and
with no liability, to the extent permitted under applicable law. StatStak may, in its sole
discretion, offer a five (5) month seasonal Trial for a predetermined price as agreed to by you
prior to your purchase.
b) Data Packs. You may purchase available Data
Packs on the Platform on a Subscription basis subject to the same terms in Section 6(a).
7) Intellectual Property Rights.
a) StatStak Content.
i) The Platform is owned and operated by StatStak. By registering for an Account or
by otherwise using the Platform, you agree that all content, trademarks, and other proprietary
materials and/or information on the Platform, including, without limitation, Data Packs,
aggregated, deidentified, or third party data, StatStak’s logos, visual interfaces, graphics,
design, compilation, information, software, computer code (including source code or object
code), services, text, pictures, photos, video, graphics, music, information, data, sound files,
other files and the selection and arrangement thereof and all other materials (collectively, the
Content”) are protected by copyright, trademark, patent,
trade secret, and other laws, and, as between you and StatStak (and/or third-party licensors),
StatStak owns and retains all rights, title, and interest in the StatStak Content and the
ii) All trademarks, logos, and service marks (collectively, the “Platform Marks”) are the exclusive property of StatStak (and/or third-party licensors)
or other third parties. Nothing in these Terms grants you a license to use any of the Platform
Marks or any of the StatStak trade names, trademarks, service marks, logos, domain names, or
other distinctive brand features.
iii) Unless otherwise expressly stated in writing by us, you are granted a limited,
non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access
and use the Platform for your own personal use only, provided that, you acknowledge and agree
that you do not acquire any ownership rights in or to the Platform and/or the StatStak Content
or any Platform Marks by accessing or otherwise using the Platform. The license granted to you
herein may be terminated by StatStak at any time, in its sole discretion. All rights not
expressly granted in this Agreement are hereby expressly reserved by StatStak.
iv) You will not remove, alter, or conceal any copyright, trademark, service mark, or
other proprietary rights notices incorporated in or accompanying the StatStak Content. Nothing
contained on the Platform should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any StatStak Content displayed on the Platform, and you
will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish,
distribute, transmit, broadcast, sell, license, or otherwise exploit any of the StatStak Content
without the written permission of StatStak or such third party that may own any Platform Marks
displayed on the Platform.
b) Your Content.
i) StatStak allows you to upload Data to the Platform or access Data from Athletes.
You are solely responsible and liable for Account Data, Data that you upload and/or have access
to, and other content you that you upload, provide, or have access to on the Platform, including
photos, photograph(s), footage, illustrations, videos, messages, information, and/or other types
of content (“Your Content”).
ii) StatStak uses reasonable security measures in order to attempt to protect Your
Content against unauthorized copying and distribution. However, StatStak makes no guarantee that
any third parties will not use, distribute, or copy Your Content in an unauthorized
iii) To the furthest extent permitted by applicable law, you hereby agree that StatStak
shall not be liable for any unauthorized copying, use, or distribution of Your Content by third
parties, and you release and forever waive any claims you may have against StatStak for any such
unauthorized copying, distribution, or usage of Your Content, under any theory. THE SECURITY
MEASURES TO PROTECT YOUR CONTENT USED BY STATSTAK HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO
WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL
WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO DISABLEMENTS, OR OTHER
CIRCUMVENTION OF SUCH SECURITY MEASURES.
iv) If you provide us with any reviews, feedback, suggestions, data, or other
information or content about the Service or otherwise in connection with these Terms, any
StatStak Content, StatStak marketing materials or your participation in the Service
(collectively, “Feedback”), you irrevocably assign to StatStak all right, title, and interest in and to
c) License Grant.
i) By submitting Your Content through the Services, you hereby do and shall grant us
and our sublicensees, to the furthest extent and for the maximum duration permitted by
applicable law (including in perpetuity if permitted under applicable law), a worldwide,
non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to
use, sell, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works
of, display, perform, and otherwise fully exploit Your Content in connection with the Services
and our (and our successors’ and assigns’) businesses, including without limitation
for promoting and redistributing part or all of the Services (and derivative works thereof) in
any media formats and through any media channels (including, without limitation, third party
websites and feeds), and the Services. If you terminate your Subscription, we terminate these
agree that we will continue to use your Data or personal information on an aggregated and
deidentified basis, as permitted by our Privacy
ii) To the extent any of Your Content submitted includes any biographical information,
including your name, likeness, voice, or photograph, you acknowledge and agree that the licensed
granted to us in Section 7(c)(i) shall apply to the same. For clarity, the foregoing license
granted to us and our users does not affect your other ownership or license rights in Your
Content, including the right to grant additional licenses to Your Content, unless otherwise
agreed in writing. You represent and warrant that you have all rights to grant such licenses to
us without infringement or violation of any third party rights, including without limitation,
any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other
intellectual property or proprietary rights. Should Your Content contain the name, identity,
likeness, trademark, logo or voice (or other biographical information) of third parties, you
represent and warrant that you have obtained the appropriate consents and/or licenses for your
use of such features and that StatStak and its sub-licensees are allowed to use them to the
extent indicated in these Terms.
iii) Except where prohibited by applicable law, by submitting Your Content through the
Services, you are waiving and agreeing not to assert any copyright, right of publicity or
or claims resulting from our alteration of Your Content or any photograph(s), footage,
illustrations, statements or other work contained in Your Content.
iv) StatStak may, but has no obligation to, monitor, review, or edit Your Content. In
all cases, StatStak reserves the right to remove or disable access to any of Your Content for
any or no reason, including Your Content that, in StatStak’s sole discretion, violates the Agreement.
StatStak may take these actions without prior notification to you or any third party. Removal or
disabling of access to Your Content shall be at our sole discretion, and we do not promise to
remove or disable access to any specific part of Your Content.
v) Athletes will have the opportunity to approve the purchase of their Data by
Coaches directly on the Platform. Athletes may view any Coach who has access to such
Data at any time on the Platform.
d) Third Party Applications, Devices, and Links.
i) Applications and Devices. The Platform and
Service may be integrated with or may otherwise interact with third party applications,
websites, and services (“Third Party Applications”) and third party
wearable devices or other devices (“Third Party Devices”) to make the
Platform or Service available to you. These Third Party Applications and Devices may have their
own terms and conditions of use and privacy policies and your use of these Third Party
Applications and Devices will be governed by and subject to such terms and conditions and
privacy policies. You understand and agree that StatStak does not endorse and is not responsible
or liable for the behavior, features, or content of any Third Party Application or Device or for
any transaction you may enter into with the provider of any such Third Party Applications and
Devices, nor does StatStak warrant the compatibility or continuing compatibility of the Third
Party Applications and Devices with the Service.
ii) Links. The Platform may contain links to
other sites maintained by third parties. These links are provided only as a convenience to you.
StatStak has no control over, and is not responsible for any content, products, or services
offered by or found on third party sites, or their privacy policies. Links to third party sites
do not constitute an assumption of liability or sponsorship, endorsement, or approval of these
sites or the content contained in these sites.
8) User Conduct.
a) As a condition of use, you agree to not use the Services for any purpose that is
prohibited by these Terms. You are responsible for all of your activity in connection with the
Services. You shall not (and shall not permit any third party to) either (a) take any action or
(b) upload, download, post, submit or otherwise distribute or facilitate distribution of any
StatStak Data or Your Content on or through the Service that:
i) infringes any patent, trademark, trade secret, copyright, right of publicity or
other right of any other person or entity or violates any law or contractual duty;
ii) you know or reasonably should know is false, misleading, untruthful or
iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive,
profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise
inappropriate as determined by us in our sole discretion;
iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
v) contains software viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit or interfere with the proper function of any
software, hardware, or telecommunications equipment or to damage or obtain unauthorized access
to any system, data, password or other information of ours or of any third party;
vi) impersonates any person or entity, including any of our employees or
vii) includes anyone's identification documents or other sensitive
b) You shall not: (i) take any action that imposes or may impose (as determined by us
in our sole discretion) an unreasonable or disproportionately large load on our (or our third
party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working
of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt
to bypass or circumvent any measures we may use to prevent or restrict access to the Services
(or other accounts, computer systems or networks connected to the Services) or paywalls; (iv)
run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or
other processes to “crawl” or “spider” any part of the Platform; (vi)
harvest or scrape any of Your Data or StatStak Content from the Services; or (vii) otherwise
take any action in violation of our guidelines and policies.
c) You shall not (directly or indirectly): (i) except as otherwise provided by
applicable law, decipher, decompile, disassemble, reverse engineer or otherwise attempt to
derive any source code or underlying ideas or algorithms of any part of the Services (including
without limitation any application), except to the limited extent applicable laws specifically
prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any
part of the Services; (iii) copy, rent, lease, distribute, or otherwise transfer any of the
rights that you receive hereunder; (iv) decipher or attempt to decipher personal information
from Data or Data Packs. You must abide by all applicable local, state, national and
international laws and regulations.
d) We also reserve the right to access, read, preserve, and disclose any information
as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal
process or governmental request, (ii) enforce these Terms, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical
issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of
us, our users and the public.
9) Representations and Warranties. You are solely
responsible for Your Content and the consequences of posting or publishing it. You represent
and warrant that: (a) you are the creator or own or control all right in and to Your Content
or otherwise have sufficient rights and authority to grant the rights granted herein; (b)
Your Content and/or your use of StatStak Content does not and will not: (i) infringe,
violate, or misappropriate any third-party right, including any copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right, or (ii) defame any other person; (c) Your
Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious
code; (d) Your Content does not include any material that is unlawful, threatening, abusive,
defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct
that constitutes a criminal offense, gives rise to civil liability or otherwise violates any
law; (e) your use of the Platform, Data, and StatStak Content will comply with all
applicable law; and (f) unless you have received prior written authorization, Your Content
specifically does not contain any confidential information of StatStak or third parties.
StatStak reserves all rights and remedies against any users who breach these representations
10) Indemnification. You
shall defend, indemnify and hold harmless StatStak and its officers, directors, employees,
agents, and its and their service providers from any and all third party claims, losses,
liabilities, damages, penalties, expenses and/or costs (including, but not limited to,
attorneys’ fees) arising out of or relating to any of the following: (a) any breach or
alleged breach by you of these Terms and Privacy
your use or misuse of, or access to, the Services, StatStak Content, or Your Content; and (c)
any infringement by you, or any third party using your Account or identity in the Services, of
any intellectual property or other right of any person or entity.
11) Disclaimers. STATSTAK MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO THE PLATFORM OR STATSTAK CONTENT, ALL OF WHICH ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STATSTAK HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH
RESPECT TO THE PLATFORM, STATSTAK CONTENT AND ANY LINKED WEBSITE ON THE PLATFORM. STATSTAK DOES
NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE PLATFORM OR THAT STATSTAK
CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE PLATFORM OR STATSTAK CONTENT ARE FIT FOR ANY
PARTICULAR PURPOSE, THAT THE OPERATION OF THE PLATFORM OR STATSTAK CONTENT WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL
DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY
STATSTAK CONTENT OR YOUR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT STATSTAK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
12) Limitation of Liability. IN NO EVENT SHALL STATSTAK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE THESE TERMS, THE SERVICE, WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE. SUCH LIMITATIONS SHALL APPLY EVEN IF STATSTAK HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
13) Digital Millennium Copyright Act. StatStak has adopted the following policy
towards copyright infringement in accordance with the Digital Millennium Copyright Act (
“DMCA”). If you
believe that Your Content has been copied and posted on the Platform in a way that
constitutes copyright infringement, please provide our Copyright Agent with the following
● an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
● a description of the copyrighted work that you claim has been
● a description of where the material that you claim is infringing is located on the
Platform (and such description must be reasonably sufficient to enable us to find the alleged
● your contact information, including address, telephone number and email
● a written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
● a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
Notice of claims of copyright infringement should be
provided to StatStak’s Copyright Agent via email to firstname.lastname@example.org, by phone to +1 (470) 261-7005 or via mail to the following address:
c/o StatStak, Inc.
5901 Crossings Boulevard
Antioch, TN 37013.
StatStak will terminate the Account of any repeat
14) Arbitration Agreement, Jury Trial Waiver, Class Action Waiver. If you pursue a legal claim
against StatStak, you agree to arbitration (with limited exceptions and except where prohibited
a) The exclusive means of resolving any dispute or claim arising out of or relating
to this Agreement (including any alleged breach thereof) or our Services shall be binding
arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures,
except as modified by these Arbitration Procedures.
b) The one exception is that either party has the right to bring an individual claim
against the other in a small-claims court of competent jurisdiction, or, if filed in
arbitration, the responding party may request that the dispute proceed in small claims court if
claim is within the jurisdiction of the small claims court. If the responding party requests to
proceed in small claims court before the appointment of the arbitrator, the arbitration shall be
administratively closed, and if requested after the appointment of the arbitrator, the
arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration
should be administratively closed and decided in small claims court. Whether you choose
arbitration or small-claims court, you may not under any circumstances commence or maintain
against Interlace any class action, class arbitration, or other representative action or
c) Your rights will be determined by a neutral arbitrator, not a judge or jury, and
the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are
entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a
court can and decisions by the arbitrator are enforceable in court and may be overturned by a
court only for very limited reasons.
d) Any proceeding to enforce this arbitration agreement, including any proceeding to
confirm, modify, or vacate an arbitration award, may be commenced in any court of competent
jurisdiction. In the event that this arbitration agreement is for any reason held to be
unenforceable, any litigation against StatStak (except for small-claims court actions) may be
commenced only in the federal or state courts located in Davidson County, Tennessee. You hereby
irrevocably consent to the jurisdiction of those courts for such purposes.
e) CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE
CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER
IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a
court or arbitrator determines in an action between you and us that this Class Action Waiver is
unenforceable, the arbitration agreement will be void as to you.
f) JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY
RIGHT TO A JURY TRIAL.
a) Modification. We
may revise and update these Terms from time to time, in our sole discretion. Notice of any
material change will be posted on this page with an updated effective date. All changes are
effective immediately upon posting by us and such changes shall apply to all access to and
use of the Platform or Services thereafter; provided, however, that any changes to the
dispute resolution provisions set out in Sections 14 and 15(c) will not apply to any
disputes for which the parties have actual notice on or before the date the change is posted
on the Platform. Your continued use of the Platform following the posting of revised Terms
means that you accept and agree to such changes. You are expected to check this page
frequently so you are aware of any changes, as they are binding on you. We reserve the
right, in our sole discretion, change, suspend, or discontinue the Services (including
without limitation, the availability of any feature, database, or content) at any time by
posting a notice on the Platform or by sending you notice through the Services, via e-mail
or by another appropriate means of electronic communication. We may also impose limits on
certain features and services or restrict your access to parts or all of the Services
without notice or liability. You may cancel the Services at any time upon receipt of notice
of such change, suspension, or discontinuance.
b) Notices. All
notices, requests and consents hereunder shall be in writing and deemed given on the date
received as evidenced by proof of receipt, and delivered by (a) hand; (b) certified mail,
return receipt requested; (c) overnight courier of national reputation; or (d) or e-mail.
Notice shall be sent to StatStak at StatStak, Inc., 5901 Crossings Boulevard, Antioch, TN
37013, and by email: email@example.com. Notices shall be sent to you at the address you used to register with
c) Governing Law. These Terms shall be governed by, subject to, and interpreted in
accordance with the laws of the State of Tennessee, without regard to its conflict of law
principles. Any action instituted by either party arising out of these Terms, the Service
shall only be brought, tried and resolved in the state or federal courts situated in the
City of Nashville.
d) Relationship. Nothing
in these Terms shall be construed to create a joint venture, partnership, franchise, or an
agency relationship between you and StatStak. Neither you nor StatStak has the authority,
without the other other’s prior written approval, to bind or commit the other in any
e) Entire Agreement.
These Terms constitute the entire agreement between you and StatStak regarding the subject
matter hereof and supersede any prior or contemporaneous agreements concerning the subject
f) Assignment. You may
not assign this Agreement or any of your obligations or rights under this Agreement and any
attempted assignment by you is void. If we legally transfer part or the whole of our assets
to another organization, Your Content may be among the items
g) Waiver. No delay or
failure to enforce any term or condition of these Terms shall operate as a waiver of that or
any other right. A waiver or consent given on one occasion is effective only in that
instance and will not be construed as a bar to or waiver of any right on any other occasion.
To be effective, a waiver must be in writing and signed by the waiving
h) Severance. The
invalidity or unenforceability of any provision of these Terms shall not affect the validity
or enforceability of any other provision hereof. If any provision of these Terms is found to
be void or unenforceable in any jurisdiction, then, all other provisions hereof shall remain
in full force and effect as if the void or unenforceable provision had been severed and