Terms of Use

Last Revised: January 3, 2022

Welcome to Frontrunner, a sports prediction platform (the "Site"). The Site is owned and operated by FanatX Inc., a Delaware corporation ("Company").

These Terms of Use (this "Agreement") for the Site constitute a legal contract between you ("you", "You" or, collectively, "Users") and Company regarding your use of the Site. THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THE SITE IS OFFERED AND MADE AVAILABLE TO INDIVIDUALS WHO ARE 18 YEARS OF AGE OR OLDER. BY USING THE SITE, USER REPRESENTS AND WARRANTS THAT (1) USER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT AND (2) USER IS OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY. IF USER DOES NOT MEET ALL OF THESE REQUIREMENTS, USER MUST NOT ACCESS OR USE THE SITE.

User Acknowledgment

User acknowledges that, as the Site changes, User may be required to agree to additional terms and conditions as a condition to User's continued use of the Site. User further acknowledges that Company may change the terms and conditions applicable to use of the Site at any time, and, if required by law, Company will obtain User's agreement to such changed terms and conditions. The Site is at all times subject to the then-current terms of this Agreement. Should User refuse to accept the current Agreement, User must immediately discontinue use of the Site, and Company may immediately terminate User's access to and use of the Site.

Access and Use

User shall not access or use the Site in any unlawful manner or in violation of this Agreement. User understands, acknowledges and agrees that:

  • Company may at any time, in its sole and absolute discretion, without notice, for any reason or no reason, terminate User's access to the Site.
  • The Site is provided solely as a convenience to User.
  • Company does not guarantee or warrant that any part of the Site is free of viruses or other harmful code. User must take appropriate precautions, such as use of anti-virus software, to protect User's computer hardware and software.
  • Company does not monitor communications or data transmitted through the Site, and Company shall not be responsible for the content of any such communications or transmissions.
  • User has obtained all necessary authorizations and consents required by law, if any, to upload any data to the Site.
  • User shall comply with applicable law at all times when using the Site.
  • User is responsible for obtaining User's own hardware, software and services (such as computers, web browsers and Internet access) necessary to access and use the Site and for payment of all fees involved in obtaining such hardware, software and services.
  • By using the Site, User acknowledges that User has read and understood the terms of Company's Privacy Policy, which is incorporated into this Agreement by this reference.
  • Using the Site, or receiving messages related to the Site, on mobile devices may cause User to incur messaging or data charges with User's wireless provider. Company has no control over such charges, and if User does not wish to incur such charges, User should stop using the mobile features (as applicable).

Intellectual Property Rights

All materials on the Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by Company or are the property of Company's suppliers or licensors or other companies, including Company's enterprise customers. User may not use such materials without Company's express written permission. Company names, Company logos, and all related names, logos, brands, product and service names, designs and slogans, and any and all variations thereof, are trademarks of Company or its affiliates or licensors. Page headers, custom graphics, button icons and scripts are trademarks or trade dress Company owns. User may not use any of these trademarks, trade dress, or trade names without Company's express written permission.

Third Party Websites

The Site may contain links to other websites on the Internet that are owned and operated by third parties, which are provided for User's convenience only. Company does not control the information, products or services available on any third party websites. The inclusion of any link does not imply Company's endorsement of the applicable website or any association with the website's operators. Because Company has no control over such websites and resources, User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of User's data privacy by third parties. If User decides to access any of the third party websites linked to or referred to in the Site, User does so entirely at User's own risk and subject to the terms and conditions of use for such third party websites.

Indemnification

User agrees to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys' fees) arising out of or relating to User's violation of this Agreement or User's use of the Site other than as expressly authorized in this Agreement.

Disclaimer of Warranties

BY USING THE SITE, USER ACKNOWLEDGES AND AGREES THAT THE SITE IS PROVIDED FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND USER UNDERSTANDS THAT COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY USER'S PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIALS DUE TO USER'S USE OF THE SITE OR TO USER'S DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ANY WEBSITE LINKED TO OR REFERRED TO IN OR ON THE SITE.

USER'S USE OF THE SITE, AND ANY PRODUCTS OR SERVICES OBTAINED THEREBY, IS AT USER'S SOLE RISK. THE SITE, AND ANY PRODUCTS OR SERVICES OBTAINED THEREBY, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE, OR ANY PRODUCTS OR SERVICES OBTAINED THEREBY, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, OR ANY PRODUCTS OR SERVICES OBTAINED THEREBY, WILL OTHERWISE MEET USER'S NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Exclusion of Damages

USER ACKNOWLEDGES AND AGREES THAT COMPANY IS ONLY WILLING TO PROVIDE ACCESS TO THE SITE IF USER AGREES TO CERTAIN LIMITATIONS ON COMPANY'S LIABILITY TO USER AND TO THIRD PARTIES. USER UNDERSTANDS THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR COMPANY'S EMPLOYEES, OFFICERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO USER'S USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE SITE OR FOR ANY INFORMATION APPEARING ON ANY OTHER WEBSITE LINKED TO ON THE SITE. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. COMPANY'S TOTAL LIABILITY TO USER FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE IS LIMITED, IN THE AGGREGATE, TO THE GREATER OF (1) THE TOTAL AMOUNT PAID BY USER TO COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT FIRST GIVING RISE TO COMPANY'S LIABILITY OR (2) FIFTY DOLLARS ($50.00). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY. TO THE EXTENT THAT COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF COMPANY'S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Domestic Use

Company controls the Site and provides the Site from its offices within the United States. Company makes no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.

Governing Law and Jurisdiction

The offer and acceptance of this Agreement is deemed to have occurred in the State of Delaware. All matters relating to the Site, this Agreement 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Subject to the provisions regarding arbitration below, any legal suit, action or proceeding arising out of, or related to, the Site or this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in New Castle County. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts.

Arbitration: Waiver of Jury Trial

At Company's sole discretion, Company may require User to submit any disputes arising from the Site or this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law and taking place in Wilmington, Delaware. ARBITRATION PROCEDURES ARE TYPICALLY SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN COMPANY AND USER IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, USER HEREBY WAIVES ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE. Notwithstanding the foregoing, Company will have the right to seek injunctive or other equitable relief in any state or federal court located in the State of Delaware to enforce this Agreement or prevent an infringement of a third party's rights. In the event such equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such courts.

Waiver of Class or Consolidated Actions

BY ENTERING INTO THIS AGREEMENT, USER HEREBY IRREVOCABLY WAIVES ANY RIGHT USER MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Limitation of Actions

User acknowledges and agrees that, regardless of any statute or law to the contrary, any claim or cause of action User may have arising out of, relating to, or connected with the Site or this Agreement must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Communicating with You

All information we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You hereby consent to receiving communications in any form from Company in connection with the Site, including but not limited to the following: by mail, by electronic mail, by telephone (landline or wireless), by push notification and by text messages (i.e., SMS and/or MMS communications). Furthermore, you hereby consent to receiving calls or text messages from Company in connection with the Site made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages.

Additional Terms

Company may modify or discontinue offering the Site at any time, with or without notice, for any reason or no reason. This Agreement contains the entire understanding between User and Company regarding the use of the Site and supersedes all prior and contemporaneous agreements and understandings, written or oral, between User and Company relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement and all of User's rights and obligations under this Agreement shall not be assignable or transferable by User, in whole or in part, without Company's prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. Even after User's rights under this Agreement are terminated, all provisions of this Agreement which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.

Comments and Questions

All feedback, comments, and other communications relating to the Site or this Agreement should be directed to support@getfrontrunner.com.