FargoRate LLC
TERMS AND CONDITIONS
Last modified December 11, 2018
I. General

This Website (fargorate.com), League Management System, and/or Mobile Application, as applicable, (each individually or collectively, the “Service”) is owned and operated by FargoRate LLC (herein referred to as “we” or “FargoRate”). By using and/or visiting the Service, the person or entity using the Service (“You”) signify (a) that You have read and understood these Terms and Conditions (which include the Privacy Policy available at https://fargorate.com/privacy); and (b) that these Terms of Use have the same force and effect as a signed agreement.

If You are accepting this agreement on behalf of Your employer, You affirm that You have the authority to accept this agreement on its behalf and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU. By using or accessing the Services, You represent and warrant that You are at least thirteen (13) years old and, if not, You have received Your parent’s or guardian’s permission to use the Services and Your parent or guardian has agreed to these Terms and Conditions on Your behalf). You will not share Your account or password with anyone, and agree that You must protect the security of Your account and password. You are responsible for any activity associated with Your account.

Your use of the Services is at all times subject to the Privacy Policy available at https://fargorate.com/privacy. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under the age of 13. FargoRate does not knowingly collect or solicit personally identifiable information from a child under the age of 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until FargoRate has received Parental Consent, FargoRate will only use Required Information for the purpose of obtaining Parental Consent. If You are a child under 13 years old, please do not attempt to send any personal information about yourself to FargoRate before FargoRate obtains Parental Consent, except for the Required Information in the context of the Parental Consent process. If You believe that a child under 13 years old has provided FargoRate with personal information (beyond the Required Information) without FargoRate’s obtaining Parental Consent, please contact FargoRate at admin@fargorate.com.

If You wish to provide us with any personal information of any children under the age of 13 years old, You (1) represent and warrant that You are the parent or legal guardian of such children, and (2) You hereby provide consent in Your capacity as such to the consents and terms set forth herein.

II. Proprietary Rights

Unless otherwise noted, FargoRate or FargoRate’s content providers (as applicable, the “Owner”) own all of the content on FargoRate’s Service, including, without limitation, all information, data, software, photographs, graphics, video and audio clips, text, images, typefaces, and other material (collectively “Content”). The Content is protected by copyrights, trademarks, or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Title to such Content will at all times remain with the Owner. All Content is copyrighted as a collective work under the U.S. copyright laws, and FargoRate own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

When using the Service, You may not alter, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If prompted, You may create user profiles or enter information for Your use of the Service purposes, provided that any such profiles and information are created or provided in accordance with these Terms and Conditions. If no specific restrictions are displayed, FargoRate grants You permission to make copies of select portions of FargoRate’s Content. However, the copies must be made only for Your personal, non-commercial use. You may not copy or post the Content in any way, including on any network computer, or broadcast it in any media. You also must maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws, You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining permission of the Owner.

If any software Content is governed by a software license agreement, Your use of such Content shall be subject to any such agreement. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved to FargoRate and its licensors. FARGORATE MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE PROPERTY AT ANY TIME.

III. Trademarks

FARGORATE, FARGO RATINGS, FAIRMATCH, LMS, and TORTOLA as well as other such names, logos, phrases and designs used on the Service are FargoRate’s trademarks, servicemarks, trade names or other protected intellectual property.

All other trademarks, product names, company names and logos appearing on the Service are the property of their respective Owners.

IV. Use of Searches

FargoRate provides the information contained in the databases on the Service only on the express conditions herein provided.

  • Users of the FargoRate Website and Mobile Applications: By using any of the database search functions on the Service, You agree that You will use the information provided only for Your non-commercial, personal use. You agree not to distribute or transmit, modify, reuse, report, or otherwise use such information for public or commercial purposes. You further agree that a breach by You of this Agreement will cause irreparable harm to FargoRate and that FargoRate shall be entitled to injunctive relief without the need to prove irreparable damages.
  • Users of the FargoRate League Management System: By using any of the database search functions on the Service, You agree that You will use the information provided only for Your non-commercial, personal use or for the use of Your league or tournament if You are a league operator or tournament director. You agree not to distribute or transmit, modify, reuse, report, or otherwise use such information for public or commercial purposes, except in connection with Your league or tournament. You further agree that a breach by You of this Agreement will cause irreparable harm to FargoRate and that FargoRate shall be entitled to injunctive relief without the need to prove irreparable damages.
V. Accuracy of Information

FargoRate uses commercially reasonable efforts to assure the accuracy of the information on the Service. All information contained on the Service, however, may be changed and updated at any time without notice, and may contain errors or inaccuracies. This Service also contains information provided by third parties. FargoRate makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information; and FargoRate is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.

VI. Links to Third Party Sites

Occasionally, FargoRate may make available a link to a third party’s web site. These links will let You leave the Service. The linked sites are not under FargoRate’s control and FargoRate is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. FargoRate is not responsible for webcasting or any other form of transmission received from any linked site. FargoRate provides the links to You only as a convenience. FargoRate does not endorse any third party site or its use or contents. Further, FargoRate explicitly disclaims any responsibility for the accuracy, content, reliability, currency or availability of information found on those sites. FargoRate recommends using discretion when browsing the Internet using FargoRate’s or anyone else’s service. Because some sites employ automated search results or otherwise link You to sites containing information that may be deemed inappropriate or offensive, FargoRate cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH THIRD PARTY SITES.

VII. Your Account Responsibilities

In consideration of Your use of the Service, You agree that all information supplied by You in establishing Your account is true, accurate, current and complete and that You will maintain and promptly update the information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or FargoRate has reasonable grounds to suspect that Your information is untrue, inaccurate, not current or incomplete, FargoRate may suspend or terminate Your account, disable Your password and refuse any and all current and future use of the Service, without prior notice.

During the set-up of Your account, You will either receive (i) a user name and password; or (ii) a user name and a prompt to create Your own password. You are entirely responsible for maintaining the confidentiality of the user name and password. You are entirely responsible for all activities that occur under Your user name and password and under Your account. You should not reveal Your password to others. You agree to immediately notify FargoRate of any known or suspected unauthorized use of Your password or account or any other breach of security. You will be responsible for complying with these Terms and Conditions.

VIII. Opt-Out

You are free to opt-out of the Service at any time by contacting FargoRate’s support team at admin@fargorate.com (an “Opt-Out”). Please refer to FargoRate’s Privacy Policy to understand how we treat information previously provided to us after You choose to withdraw from the Services. “Opt-Out” means that Your name as it appears on the Services and any associated identifying information available in the Services will be suppressed and not connected to Your account or available for search as of the day you contact FargoRate with your Opt-Out request, once such Opt-Out has been processed by FargoRate. After receiving an Opt-Out request, FargoRate will suppress Your information from the Services within approximately 7-14 days from such request. However, please note that because FargoRate uses publicly available tournament data, any time Your identifying information appears in a public event record after the date You requested to Opt-Out of the Service, Your information may reappear in FargoRate’s databases and be used by the Service.

Opt-Out requests must be submitted to FargoRate individually by the actual owner of the particular record. Bulk Opt-Out requests will not be fulfilled. FargoRate reserves the right to request additional information from You to verify Your identity before fulfilling an Opt-Out request.

In the event You chose to Opt-Out of the Service and then later utilize a FargoRate rating by, including, but not limited to playing in an event that reports results to FargoRate, Your use of such FargoRate rating shall be interpreted as a desire to terminate your Opt-Out request and use the Services. Any use of Your information after such date by FargoRate shall require additional Opt-Out requests by You if You desire to stop participating in the Services.

IX. Fees.

Certain FargoRate Services are provided at no-cost to You. However, in consideration of Your use of the League Management System and the paid version of the Mobile Application, You shall pay FargoRate the applicable annual fees at the rates stated in the then-current fee schedule associated with such Service (the “Fees”). All Fees will be paid in U.S. Dollars. All Fees will be collected from a third party intermediary, including, but not limited to, the Apple App Store, Android Play Store, and Stripe. All Fees are nonrefundable.

X. General Use

You agree to use the Service only for lawful purposes. You are prohibited from posting on or transmitting through the Service any illegal, obscene, defamatory, abusive, hateful, sexually or racially or ethically discriminatory or otherwise objectionable or harmful material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, or international law or any third party’s intellectual property or privacy rights. Furthermore, FargoRate will not permit any conduct by You that FargoRate believes, in its sole discretion, restricts or inhibits any other user from using or enjoying the Service.

You agree that Your use of robots, crawlers, spiders, wanderers, Web agents and other such automated processes on the Service will be Standard for Robot Exclusion (SRE)-compliant robots (“robots”) and when connecting to the Service, prior to downloading or indexing any pages on the Service, such robots will immediately visit http://www.FargoRate/robots.txt (“the robot.txt file”). You understand that the robots.txt file is the only means by which robots are authorized to access the Service. You agree that You will not violate any of the robot access policies. You understand that any violation of the policies may result in termination of Your access to the Service, deactivation or deletion of Your account and all related information and files in Your account, disablement of Your password, and preclusion of any further access to such files or the Service, without prior notice.

XI. Submissions to FargoRate

If You send any communications or materials to FargoRate by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, notes, concepts or the like (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, FargoRate’s property, and all such Submissions are, and will be, treated as non-confidential and non-proprietary. Without limiting the foregoing, You agree that FargoRate shall exclusively own, and You hereby assign to FargoRate without compensation or further obligation, all now known or hereafter existing rights to the Submissions. You agree that FargoRate shall be entitled to the unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including, without limitation, the publishing on the Service or elsewhere of the Submissions, and the reproduction, distribution, adaptation, performance, displaying and creation of any derivative works therefrom.

XII. FargoRate’s Rights

FargoRate may elect to electronically monitor areas of the Service and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Service; or (iii) to protect FargoRate’s rights or property or the rights of the users, FargoRate’s sponsors, content providers, licensors, merchants, suppliers, contractors or medical advisors. FargoRate is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, FargoRate may investigate the allegation and determine in FargoRate’s sole discretion whether to remove or request the removal of such Content from the Service. FargoRate may terminate Your access or suspend Your access to all or part of the Service and disable Your password, without notice, for any conduct that FargoRate, in FargoRate’s sole discretion, believes is in violation of any applicable law, is harmful, is in violation of these Terms and Conditions (as determined in FargoRate’s sole discretion), or for any other reason specified in these Terms and Conditions.

XIII. WARRANTY DISCLAIMER, AS IS

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW FARGORATE, FARGORATE’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, SUPPLIERS, OR CONSULTANTS, OR THE LIKE, DISCLAIM AND EXCLUDE ALL WARRANTIES FOR USE OF THE PROPERTY, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PROPERTY. FURTHERMORE, FARGORATE DOES NOT WARRANT THAT THE PROPERTY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES FARGORATE MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY EXPERIENCE OR OF THE PROPERTY, OR AGAINST INFRINGEMENT OR OF TITLE. EACH PROPERTY IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND FARGORATE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FARGORATE, FARGORATE’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, SUPPLIERS, CONTRACTORS, OR THE LIKE, SHALL CREATE A WARRANTY. If You are dissatisfied with FargoRate’s Service or its Content (including these Terms and Conditions), Your sole and exclusive remedy is to discontinue using FargoRate’s Service.

XIV. LIMITATION ON LIABILITY

NEITHER FARGORATE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PROPERTY OR ANY INFORMATION CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. FargoRate assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect Your computer equipment, mobile devices, or other property on account of Your access to, use of, or browsing in the Service or Your downloading of any materials, data, text, images, video, or audio from the Service.

YOU FURTHER AGREE THAT FARGORATE’S TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE PROPERTY, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO THE AGGREGATE TWELVE (12) MONTHS OF FEES PAID TO FARGORATE BY YOU IN THE TWELVE (12) MONTHS IMMEDIATE PRECEDING THE EVENT THAT LEAD TO YOUR CLAIM. EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, UNDER NO CIRCUMSTANCES SHALL FARGORATE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE PROPERTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FARGORATE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE PROPERTY, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROPERTY; OR (IV) ANY OTHER MATTER RELATING TO THE PROPERTY. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE PROPERTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

XV. Indemnity

You agree to indemnify and hold FargoRate, FargoRate’s affiliates, officers, directors, agents and employees, harmless from and against any claim or demand, liabilities and settlements, including reasonable attorneys’ and accountants’ fees, made by any third party due to or arising out of content You submit, post to or transmit through the Service, Your use of the Service, Your connection to the Service, Your violation of these Terms and Conditions, or Your violation of any rights of another in connection with Your use of the Service.

XVI. Privacy

FargoRate’s then-current privacy policies, available here, are incorporated herein by reference.

XVII. Revisions to Terms and Conditions

FargoRate may at any time revise these Terms and Conditions by updating this posting. Since You are bound by these Terms and Conditions, You should therefore periodically visit this page, by clicking the Terms and Conditions hyperlink at the bottom of the FargoRate Website or on the Settings page of the Mobile Application, to review the then-current Terms and Conditions. Your continued access to or use of the Service shall be deemed Your acceptance of these updates or changes and the reasonableness of these standards for notice of updates or changes. If You do not intend to be bound by these Terms and Conditions, do not use FargoRate’s Service or services.

XVIII. Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, without limitation, the Export Administration Act and the Arms Export Control Act. You agree not to transfer, by electronic transmission or otherwise, any Content derived from the Service to either a foreign national or a foreign destination in violation of such laws.

XIX. Jurisdiction

FargoRate controls the Service from FargoRate’s offices within the United States of America. FargoRate make no representation that the Content in the Service is appropriate, may be downloaded, or is available for use outside the United States. Access to the Service from territories where the Content is illegal is prohibited. Those who choose to access the Service from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws.

XX. Governing Law and Arbitration

These Terms and Conditions are governed by and construed in accordance with the law of North Dakota, United States of America, without reference to its conflicts of law rules. In the event that any controversy or claim arises out of or relating to this agreement it shall be settled by binding arbitration through the American Arbitration Association’s commercial arbitration rules. The arbitration shall be conducted in Fargo, North Dakota, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Preliminary relief may be sought from a court of competent jurisdiction in North Dakota when necessary to protect the rights or property of You or fargorate.com pending the completion of arbitration.

XXI. Termination

These Terms and Conditions are effective until terminated by either party. If any user is found violating the provisions of these Terms and Conditions, FargoRate may terminate these Terms and Conditions effective immediately upon notice to such user. If You no longer agree to be bound by the Terms and Conditions, You must cease Your use of the Service. Subject to applicable law, FargoRate reserves the right to suspend or deny, in FargoRate’s sole discretion, Your access to all or any portion of the Service with or without notice. You agree that any termination of Your access to the Service may be effected without prior notice, and acknowledge and agree that FargoRate may immediately deactivate or delete Your account and all related information and files in Your account, bar any further access to such files or the Service and disable Your password. Further, You agree that FargoRate shall not be liable to You or any third party for any termination of Your access to the Service. Notwithstanding termination or suspension, You will still be liable for the payment of any amounts due or other obligations incurred before termination or suspension, whether Your use of the Service is terminated or suspended by You or FargoRate.

Account termination (either directed by You or FargoRate) may result in destruction of all data associated with Your account, so keep that in mind before You decide to terminate Your account and/or the Services. You agree that FargoRate is not and shall not be responsible for restoration of Your account or its contents after Your account has been terminated. FargoRate will try to provide advanced notice to You prior to terminating Your account, but such notice shall be in FargoRate’s sole discretion.

The following provisions shall survive the expiration or termination of these Terms and Conditions: Proprietary Rights, FargoRate’s Rights; Submissions to FargoRate; Trademarks; Warranty Disclaimer, As Is; Links to Third Party Sites; Limitation of Liability; Indemnity; Jurisdiction; Governing Law; Termination; and General Information.

XXII. General Information

These Terms and Conditions, as amended from time to time, and the Privacy Policy constitute the entire agreement between You and FargoRate and govern the use of the Service and Content. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third party content or third party software. FargoRate’s failure to exercise or enforce any right or provisions of the Terms and Conditions shall not constitute a waiver of such right or provisions. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. 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, the Content or the Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

XXIII. Copyright Complaints

FargoRate respects the intellectual property rights of others, and requests that You do the same. If You believe that Your work has been reproduced in the Service in a way that constitutes copyright infringement, please provide FargoRate with a notice containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. identification of copyrighted work that You claim has been infringed;
  3. identification of the specific location on the Service of the allegedly infringing material;
  4. Your address, telephone number, and email address;
  5. a statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement, 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.

FargoRate, for notice of claims of copyright infringement on the Service can be reached by email at: admin@fargorate.com

XXIV. Copyright Notice

Copyright © 2018 FargoRate LLC. All rights reserved. Any rights not expressly granted herein are reserved.