This Terms of Use Agreement (the “Agreement”) sets forth the agreement between Impact Evaluator LLC (“Impact Evaluator,” the “Company, “us,” “we” or “our”) and the user identified in your application (“user” or “you” or “your”) with respect to the use of the Company’s website, www.impactevaluator.com (the “Website”) by you.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES, AND TOOLS OFFERED BY THE WEBSITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND OUR PRIVACY POLICY (www.impactevaluator.com/privacy).The privacy policy explains how the Company treats your personal information, and protects your privacy, when you use the Website.  The Company may change the terms and conditions of this Agreement and the privacy policy from time to time without notice to you, and you are responsible for the current version of the Agreement and privacy policy in effect at all times.   If you do not agree to be bound by the terms and conditions of this Agreement or privacy policy, you may not use the Website. 

1. Purchases, Pricing, and Other Terms. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including, but not limited to, contests, promotions or other similar features, all of which terms are made a part of this Agreement 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 this Agreement and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Your subscription to the Website may begin with a free trial. The duration of the free trial period of your subscription will be specified during checkout and is intended to allow first-time subscribers to try our services. Trials require at least one valid Payment Method associated with your account. We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically start unless you cancel prior to the end of the free trial period. Once a charge is made, there is no refund available and you will need to follow the cancellation process to avoid being charged at the completion of your current billing period.

Impact Evaluator offers special introductory rates on some memberships. Upgrades and Downgrades do not qualify for the introductory rate.

2. Cancellation Policy and Automatic Renewal. All subscriptions automatically renew at the then current membership rate in effect for the applicable membership / subscription level unless canceled by the customer prior to such renewal. Impact Evaluator may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, in accordance with the notice procedures set forth above.

You may cancel your Impact Evaluator subscription at any time – however, there are no refunds for cancellation. Payments are nonrefundable and there are no refunds or credits for partially used billing periods. All subscriptions must be cancelled or changed directly through the Website.

To cancel your subscription, login to your account on our Website and follow the instructions for cancellation. If you cancel your subscription, your subscription will automatically end at the end of your current billing period.

It is the responsibility of the member to keep track of the account expiration date and cancel prior to renewal if they wish to do so. Members can review their expiration date and/or cancel active memberships at any time by logging in and visiting their account profile page.

The Company reserves the right to cancel any subscription at any time for failure to pay in addition to any other rights or remedies available to the Company.

3. Modifications. You agree that the Company may modify this Agreement and the privacy policy and any of the terms referenced in this Agreement at any time and at its sole discretion. By using the Website, you agree to be bound by any such modifications and therefore you should periodically visit the Website at impactevaluator.com/terms and www.impactevaluator.com/privacy to determine the then current terms and conditions of use to which you are bound. You will note that at the bottom of this Agreement, the date of last modification is indicated. You are encouraged to check the revision date with each use to ensure you are comfortable with the latest revisions.  If you are dissatisfied with the Website, its content or this Agreement and our privacy policy as it may be revised, you agree that your sole and exclusive remedy is to discontinue using the Website without refund.

4. Number of Permitted Users. You may not permit any other person or entity to use the Website at any time.   Accounts may not be shared and may only be used by one individual per account.

5. Rights to Use of the Website. The Company grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Website, based on the membership / subscription level you purchased. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website, in the manner permitted by these terms and conditions.  You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof.  Except as expressly provided herein, unless the Company has given you specific written permission to do so, you may not permit any other person or entity to use the Website, and you may not assign (or grant a sub-license of) your rights to use the Website, grant a security interest in or over your rights to use the Website, or otherwise transfer any part of your rights to use the Website. 

6. User Restrictions. You agree that:

• You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the Website.
• You will not make illegal use of the Website or use it for purposes which are illegal.
• You will not interfere with anyone else who is a user of the Website in their use of the Website.
• You will follow U.S. and international laws regarding transmitting data and you will not attempt to gain access to our computer system or any other computer systems.
• You will not remove, obscure, or alter any notice of any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the portal.
• You will not access (or attempt to access) the Website by any means other than the interface that is provided by the Company.
• You will not use any “page-scrape”, “robot”, “deep-link”, “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 Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site.

If you breach the restrictions set forth above or any other terms of this Agreement, you agree that the Company may terminate your subscription without refund, in addition to any other rights or remedies available to the Company. 

7. Passwords. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website.  Accordingly, you agree that you are solely responsible to the Company for all activities that occur under your account.  If you become aware of any unauthorized use of your password on the Website or your account, you agree to notify the Company immediately at [email protected]. 

8. Monitoring. We reserve the right to monitor use of the Website, including the geographic location of any user of the Website, and to log, review, and otherwise examine any information stored on or passing through our networks or systems. 

9. Downtime and Service Suspensions. Your access to and use of the Services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions. We shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website at any time, on a system-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Website; (b) in the event of a denial of service attack or other attack on the Website or other event that the Company determines, in our sole discretion, may create a risk to the applicable Website, to you or to any of our other customers if the Website service were not suspended; or (c) in the event that the Company determines that any Website service is prohibited by law or the Company otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons. 

10. Intellectual Property. The content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like (“Content”) and the trademarks, service marks, names, slogans, logos and designs contained therein (“Marks”), are owned by the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your use and information only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Website, the Content and the Marks. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content and/or Marks for your use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or Marks or enforce limitations on use of the Website or the Content or Marks therein.  You may not use the Marks of the Company without the prior written consent of the Company.

11. Copyright and Trademark Policies. It is the Company’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, without limitation, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. 

12. User Content and Feedback. Any feedback, questions, suggestions, comments, ideas, notes, concepts, and other similar information relating to the Website or Impact Evaluator LLC that you provide to the Company or Website (collectively, “Feedback”) is deemed to be the Impact Evaluator’s proprietary information. The Company may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Website, and the Company shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

This Website may contain interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in this Agreement. By providing any User Content on this Website, you hereby grant to the Company and its affiliates, and each of their respective licensees, successors and assigns, a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to the Company and its affiliates, and each of their respective licensees, successors, and assigns. Impact Evaluator is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “Personal Information Details”) that you may provide to the Company, and which is subject to the privacy standards set forth in our privacy policy. To access parts of this Website or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, Personal Information Details. It is a condition of your use of this Website that all the information you provide on this Website, including, but not limited to, Personal Information Details, is correct, current and complete.

13. Other Content. The Website may include hyperlinks to other websites or content or resources that are not owned or controlled by the Company.  The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or resources which are provided by companies or persons other than the Company.  You acknowledge and agree that the Company is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources.  You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.  We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. 

14. Promotions, Contests, and Sweepstakes. Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and Personal Information Details submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit the Company to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your Personal Information Details with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your Personal Information Details may be disclosed on a winners list as required by law.

15. Warranty Disclaimers and Limitation of Liability. The Website and Content are provided strictly on an “as is” basis.   You acknowledge and agree that you shall assume sole responsibility for evaluating the merits and risks associated with any decision that you may make based on information obtained through the Website.  You acknowledge that neither the Company nor any of its managers, members, employees, agents, subcontractors or affiliates (collectively, “Associates”) shall have any liability to you or any permitted user for any claim or damages that arise from or relate to any decision based on information received from the Website.   Except as expressly provided herein, to the fullest extent permitted by law, the Company hereby disclaims all warranties, whether express or implied, oral or written, with respect to the Website, the services we provide and the Content, including all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability, or fitness for any particular purpose. The Company and its licensors do not represent or warrant that: (i) the use of the services will be secure, timely, uninterrupted, or error-free; (ii) the services will meet requirements or expectations; or (iii) the services or the system(s) that make the services available are free of damaging system components.

Under no circumstances shall the Company or its Associates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Website, or any website linked to the Website, including but not limited to reliance by you on any information obtained from the Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered.   

By using the Website, you expressly agree to not hold the Company and its Associates liable in the event of unauthorized access and subsequent use of your Company and/or personal information. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of the Company has been advised of or should have knowledge of the possibility of such damages.

You agree to defend, indemnify and hold harmless the Company and any of its Associates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Website.

You understand that the Website contains information about sports, fantasy sports, and sports betting, 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. Impact Evaluator LLC accepts no liability or responsibility whatsoever for any loss or damage of any kind arising out of the use of any of the Website, including, but not limited to, any Content or material found therein, or as a result of betting risks or fantasy sports risks. Any sports betting or fantasy sports activity is inherently risky and is undertaken at your own risk.

16. Notices. All notices by us to you shall be by email to the email address set forth in our records.  All notices by you to us shall be by email to [email protected].

17. Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and the Company, whether written or oral, regarding such subject matter.

18. Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect. 

19. Waivers. The failure by the Company to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect the Company’s right to enforce such provision thereafter.  All waivers by the Company must be in writing to be effective. 

20. Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and permitted assigns.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. 

21. Relationship. Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between the Company (or any of our Associates) and you. 

22. Governing Law. This Agreement shall be construed and enforced according to the laws of the State of New Jersey applicable to agreements made and to be performed wholly within the State of New Jersey.  The You agree to submit to the exclusive jurisdiction of the courts located within the State of New Jersey, Burlington County, to resolve any legal matter arising from these terms and conditions.  Notwithstanding this, you agree that the Company shall still be entitled to apply for any necessary injunctive remedies in any jurisdiction. 

Last Revision Date 

This Agreement was last revised on October 22, 2021.