These are the Terms of Use (the “Terms”) for the webpage for Basement Brewed Fantasy Football LLC, a Wisconsin limited liability company (“Basement Brewed FF”), www.basementbrewedff.com (the “Site”). By accessing and using this Site (whether via computer, tablet, mobile or via any app), you accept the following terms and conditions, without limitation or qualification.

Access to and use of the Site is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law.  By accessing or using the site, you represent and warrant that you are at least 18 years old. If you create an account and you are under the age of 18, you represent and warrant that your parent or legal guardian has consented to your use of this Site (whether or not you are a paying member of any products or services provided on the Site). 

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Access to Content. 

Whether or not you are a paying Member of and products or services provided through the Site, you agree that your access of such products and services (whether free or as a paid Member) solely grants you a limited license to use such products and services so offered through the Site, such access being limited to these Terms and the applicable Privacy Policy. Such license is exclusive to you and is non-transferable. 

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Intellectual Property. 

The Site, and all content accessed through the is copyrighted property owned by Basement Brewed FF. All photographs, analysis, information, logos, and other information and materials contained on the Site and provided by Basement Brewed FF is the exclusive intellectual property and may not be reproduced, duplicated, copied, sold, or otherwise exploited for any purpose that is not expressly consented to by Basement Brewed FF. Additionally, the Basement Brewed FF HeatMaps model, all analysis, and content provided by Basement Brewed FF whether through the Site or otherwise constitute the intellectual property of Basement Brewed FF and to the extent that any such models or intellectual property constitutes trade secrets under state or federal law, you understand and agree that your misappropriation of such trade secrets may have legal implications for you. You agree that you shall not, in any event, use any of the intellectual property, models, analysis, owned and/or produced by Basement Brewed FF for any commercial purpose or otherwise for profit. 

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Refund Policy

All sales are final. Due to the unique nature of the product and the fantasy football industry, we have a no refund policy. 

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Accuracy of Advice and Predictions

Basement Brewed FF cannot guarantee or warrant whatsoever that its advice or predictions made will be accurate in any way whatsoever. Though we use our best efforts to provide accurate predictions, you understand that the nature of fantasy football, sports gambling, and the nature of football itself is inherently unpredictable. You agree that in no event shall you have any claim for liability, loss, expense, fees, or costs against Basement Brewed FF, its employees, owners, directors, officers, or independent contractors that may result from your reliance upon predictions or advice made by Basement Brewed FF, its employees, owners, directors, officers, or independent contractors. We are human, and it is possible that might be errors on our Site and all content contained and associated with the Site. You expressly waive any right to bring any legal action against Basement Brewed FF, its employees, owners, directors, officers, and independent contractors, for any loss or damages you suffer as a result of your reliance upon any advice or predictions made by the same parties and/or your access to the content on this Site and your use of this Site, including, but not limited to losses or damages incurred as a result of an inaccuracy or mistake contained on the Site. Notwithstanding anything to the contrary herein, to the extent that Basement Brewed FF, its employees, owners, directors, officers, or independent contractors are deemed by a court or an arbitrator to be liable to you for damages or costs, in no event shall such liability exceed the amount of the membership fee that you pay in the year of the NFL season for which you have purchased membership. 

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Access to Site

We cannot always guarantee access to our Site. Sometimes the internet may be down, our hosting platform may be down, or other matters out of our control may occur (such as force majeure events). You waive all claims against us for lack of access to our Site, which may be caused for any reason. Additionally, we reserve the right to terminate your access to our Site and all services and products provided by Basement Brewed FF for any reason, as determined in our sole discretion, without notice, if Basement Brewed FF determines that you may be in violation of any law, in violation of these Terms or the Privacy Policy, or are engaging in actions that are harmful to others. We reserve the right to determine whether you are entitled to any refund, in our sole discretion. 

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Affiliations

Basement Brewed FF is not associated with the National Football League or the National Football League players association. 

We may have links to other websites on our Site. These links are for your convenience and do not create any endorsement of such third party sites. If you access such website through our Site, you are doing so at your own risk and are subject to all applicable terms and conditions which the owners and operations of such sites require. We will not be liable for any damages you incur through your use of such third party site. 

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Membership

When you purchase membership through our Site, the membership is valid only for the time stated in purchase of such Membership. For example, if you purchase membership from us for the 2022-23 NFL season, your membership shall only be valid through the end of such 2022 NFL season and shall terminate at the end of the super bowl of the 2022-2023. Your membership is for you only. You may not share your membership with any other person, including by providing advice from us to other persons. 

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Sports Gambling and DFS

To the extent that you use our advice for any sports gambling purpose or for daily fantasy sports purposes, you agree that you shall only do so if you are legally authorized to do so. If you have a gambling problem, we encourage you to seek help from the various gamblers hotlines that may be available to you in your state, territory, or country. 

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Limitation of Liability and Indemnification

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE SITE, FINANCIAL INFORMATION GIVEN OR RECEIVED AND ANY AND ALL PAYMENTS TRANSACTED THROUGH THE SITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BASEMENT BREWED FF OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER BASEMENT BREWED FF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BASEMENT BREWED FF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL;

(B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE; OR (G) YOUR REQUESTING OR RECEIVING SERVICES THROUGH THE SITE.

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IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BASEMENT BREWED FF AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SITE, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BASEMENT BREWED FF BY YOU HEREUNDER, OR TWENTY US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

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YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, BASEMENT BREWED FF, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, AND COSTS, INCLUDING ATTORNEYS FEES, THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OF THE BASEMENT BREWED FF SERVICES, AY VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, OR ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY RIGHTS.

 

NOTWITHSTANDING ANYTHING IN THE FOREGOING, WE RESERVE THE RIGHT TO, AT OUR OWN EXPENSE AND AT OUR SOLE AND ABSOLUTE DISCRETION, ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

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Miscellaneous

Any dispute arising out of these Terms, the Privacy Policy, or otherwise related to your access to the Site, or your interaction in any manner with Basement Brewed FF, its owners, employees, affiliates, officers, directors, or independent contractors shall be governed under Wisconsin law. The venue for any such dispute shall be resolved in the courts governing Milwaukee County, Wisconsin. All costs incurred by Basement Brewed FF, its owners, directors, officers, employees, independent contractors related to such legal dispute (including, but not limited to, actual attorneys’ fees and court costs) shall be reimbursed by you irrespective of whether you are successful in such dispute. 

Basement Brewed FF shall not be responsible for any damages, costs, expenses, fees, or other liabilities you may incur arising out of delay or failure of performance of Basement Brewed FF, its employees, owners, directors, officers, or independent contractors, which arising out of a cause out of their control (a “Force Majeure Event”), which includes, but is not necessarily limited to, fires, floods, earthquakes, strikes, unavailability of necessary utilities, internet outages,

pandemics, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters. 

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These Terms, along with the Privacy Policy, and other legal notices or additional terms and conditions or policies which are provided by Basement Brewed FF on the Site, shall constitute the entire agreement between you and Basement Brewed FF concerning the Site and the services or products obtained or access through the Site. Any provision of this Agreement which is deemed invalid by any court of law shall not affect the validity of any other term herein and such invalid term shall be deemed reformed to be compliance with such laws. No waiver of enforcement of any provision of the terms shall be deemed a further or continuing waiver of such term or any other term, and Basement Brewed FF’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. 

 

You agree that regardless of any statute of limitations or law to the contrary, any legal claim arising out of or related to the Site or the services or products provided or accessed through the Site shall be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.