Terms of Service
IN USING THE LEANSAI WEBSITE, AFFILIATE WEBSITES, CONTENT, OR SERVICES, YOU (ALSO, “USER”) AGREE TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT.
Your use of the LeansAI Website, Services, Subscription, and/or Content (“The Site and Derivatives”) is additionally subject to all applicable laws and regulations. We may change the TOS, at any point in the future with or without notice to the user, and as such, you are encouraged to review the TOS periodically. If you do not agree with any of the TOS, including changes to the TOS, your only remedy is to discontinue use of The Site and Derivatives. By using, viewing, or subscribing to The Site and Derivatives you imply that you understand and accept the full and complete terms and conditions in the TOS. If you continue to use the site after changes to the TOS, even without notification of changes, your continued usage constitutes acceptance of all changes to the TOS. If you have a subscription and at any point you do not agree with changes to the TOS, your only remedy is to cancel your subscription and discontinue use of the site (see cancellation below).
LeansAI reserves the right to terminate this Agreement or any subscription or user accounts without cause and without refund or credit.
2. SERVICES, CONTENT, AND SUBSCRIPTIONS
LeansAI provides subscribers with features, content, and services, including statistical analysis, sports information, statistical projections, and other interactive and non-interactive features. Subscriptions refers to a paid membership billed on a monthly basis to provide access to subscription content and analysis. These features, content, and analysis may be updated, deleted, and/or modified at any time at the sole discretion of LeansAI. You understand and agree that the Site and Derivatives are provided “AS IS” and that LeansAI assumes no responsibility, liability, or warranty in connection with your use of The Site and Derivatives.
You may not distribute, modify, republish, or publicly display any of The Site and Derivatives or any contents or information without prior written permission of LeansAI, which may be withheld at the discretion of LeansAI.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE AND DERIVATIVES IS AT YOUR SOLE RISK. THE SITE AND DERIVATIVES ARE PROVIDED ON AN “AS IS” AND “AVAILABLE” BASIS. LEANSAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
- LEANSAI MAKES NO WARRANTY THAT (i) THE SITE OR DERIVATIVES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR DERIVATIVES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE OR DERIVATIVES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR DERIVATIVES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR DERIVATIVES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FROM THE SITE OR DERIVATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS AND LEANSAI SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCORRECT INFORMATION OR FOR ANY LOSSES YOU INCUR FROM YOUR USE OF THE SITE OR DERIVATIVES.
- STATISTICAL ANALYSIS AND PREDICTIVE MODELING, INCLUDING THE LEANSAI MODEL, RELY HEAVILY ON VARIABLES INVOLVING HIGH VARIANCE AND/OR PSEUDO-RANDOM TRAITS, INCLUDING BUT NOT LIMITED TO HUMAN BEHAVIOR AND ASPECTS OF HUMAN BEHAVIOR, AND AS SUCH THE LEANSAI MODEL IS HIGHLY UNCERTAIN IN NATURE. PAST RESULTS OF MODEL ACCURACY AND PROJECTIONS IN NO WAY REPRESENT THE ACCURACY OF FUTURE MODEL PROJECTIONS. DUE TO THE INCREDIBLY HIGH AMOUNT OF UNCERTAINTY INVOLVED, YOU ACCEPT AND AGREE YOU WILL NOT USE ANY OF THE PREDICTIVE MODELING OR PROJECTIONS, INCLUDING ANY AND ALL CONTENT FROM THE SITE AND DERIVATIVES, FOR RELIANCE, ASSUMPTIONS, PRESUMPTIONS, OR PREDICTIONS ABOUT FUTURE EVENT OUTCOMES OR RESULTS. THE SITE AND DERIVATIVES ARE PROVIDED FOR NON-COMMERCIAL ENTERTAINMENT PURPOSES AND ENJOYMENT ONLY.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEANSAI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEANSAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR DERIVATIVES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR DERIVATIVES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR DERIVATIVES; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR DERIVATIVES.
IN NO EVENT SHALL THE LIABILITY OF LEANSAI ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE SUBSCRIPTION FEE PAID BY YOU TO LEANSAI DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
6. ENTERTAINMENT PURPOSES ONLY
The Site and Derivatives are provided for informational and non-commercial entertainment purposes only.
LeansAI does not accept or place wagers and is not associated with any casino, sportsbook, or gambling enterprise, nor does LeansAI receive any consideration from any party which would have an interest in the information provided through The Site and Derivatives.
Any part of the Site and Derivatives that refers to a wagering amount, stake amount, or units for a specific game is NOT advice or a suggestion for a wagering amount, and should not be taken as such. These numbers are for informational purposes only derived from a mathematical modified Kelly strategy, which is one of many models that exists to derive possible wagering percentages from theoretical probability of win. The LeansAI system IS NOT, and SHOULD NOT be used as a wagering advice on any game or the outcome of any event.
If you subscribe to a LeansAI Subscription, please review this section carefully.
A LeansAI Subscription requires payment before you can access the Subscription Content page. To access the LeansAI Subscription, once you have registered a user account and set up a provided a valid method payment as indicated on the subscription page of the Site (each, a “Payment Method”), you may access the Subscription Content page. When you provide payment information, you certify and warrant that the information you provided is accurate, that you are authorized to use the Payment Method provided, and that you will notify LeansAI of changes to the payment information.
LeansAI reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit/debit cards. Subject to compliance with the terms and conditions set forth in the TOS, during the term of your LeansAI Subscription, users who have purchased and paid for a LeansAI Subscription will have a limited, revocable, non-transferable and non-exclusive personal access to view Subscription Content through up to five (5) unique devices owned by the user provided The Site and Derivatives may only be viewed by one (1) of the user’s designated devices at any one time. Users will use their username and password to access the LeansAI Subscription Content.
- Users are responsible for the security and/or use of their username and password, may not disclose username and or password to any person or entity, may not permit any other person or entity to use their username or password, and users agree to use their LeansAI Subscription in accordance with the TOS. LeansAI shall be entitled to rely on the authority of any person using your username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct. LeansAI reserves the right to deny, suspend or revoke access to the LeansAI Subscription Content, in whole or in part, if LeansAI believes a user is in breach of the TOS or is otherwise using or accessing the LeansAI Subscription Content in a manner inconsistent with the TOS Terms. Users acknowledge and agree that LeansAI is providing access to and use of The Site and Derivatives to multiple customers and those works are non-exclusive and non-transferable by user.
- By subscribing to a LeansAI Subscription, you represent and warrant that you are 18 years of age or older. It is your sole responsibility to determine whether the Content in the LeansAI Subscription is suitable for you.
- AUTOMATIC RENEWAL BILLING TERMS: By providing a Payment Method, you are agreeing to pay a subscription fee (the “Fee”) that will automatically renew and be charged to your Payment Method. The subscription fees will be charged to your Payment Method automatically at the beginning of your subscription period, and at the beginning of each renewal subscription period thereafter on the calendar day corresponding to the beginning of your current subscription period unless you cancel your subscription or your account or the LeansAI Subscription is suspended or terminated by LeansAI. The renewal subscription period will be the same length as your initial subscription period unless otherwise disclosed to you at the time of sale or you change the subscription period by contacting us. The rate for the renewal subscription period will be the then-current subscription rate, unless otherwise noted as in introductory rate subject to change after the introductory period has expired. The Fee charged to your Payment Method may vary from subscription period to subscription period due to changes in your subscription plan or applicable taxes, and you authorize LeansAI to charge your Payment Method for these amounts. LeansAI reserves the right to change the pricing of subscription to the LeansAI Subscription at any time. In the event of a price change, LeansAI will post the new pricing in The Site and Derivatives and attempt to notify you in advance by sending an email to the current email address associated with your account. You agree that by providing you with notice through an electronic communication from us and via all agreements, notices, disclosures, and other communications that we provide to you electronically, LeansAI satisfies any legal requirement that such communications be in writing. If you do not wish to accept a price change, you may cancel your LeansAI Subscription as described below, otherwise you will be deemed to have consented to the price change and authorize LeansAI to charge the new Fees to your Payment Method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify LeansAI within 60 days after they first appear on an account statement.
- In order to use The Site and Derivatives, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
- As described further below, even if you cancel your subscription to the LeansAI Subscription during a subscription period, YOU WILL NOT RECEIVE A REFUND for any portion of the Fee for the remainder of the current subscription period. In rare circumstances, we may provide a credit, discount, or other consideration to some or all of our subscribers (“Credits“). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
- If you fail to pay any Fee when due, for any reason, LeansAI reserves the right to suspend your access to the Subscription Content until payment in full is made or to terminate your access to the Subscription Content. In the absence of termination, the recurring Fees for Renewal Terms shall continue to accrue until you terminate the account and you will remain liable for all such amounts, as well as any costs that LeansAI incurs in collecting such amounts, including reasonable attorney and collection fees
- LeansAI reserves the right to update and change the LeansAI Subscription, including any of its features or content at any time. In addition, LeansAI reserves the right to test various aspects of the LeansAI Subscription. LeansAI reserves the right to, and by using The Site and Derivatives, you agree that we may, include you in or exclude you from these tests without notice. In the event of material changes to the LeansAI Subscription, LeansAI will post notice in the LeansAI Site.
- As part of the LeansAI Subscription, LeansAI may send you emails regarding the Content or the LeansAI Subscription from time to time. You agree that LeansAI may send you these types of emails to the email address that you provided when registering. Because these emails are necessary for you to receive the LeansAI Subscription, you agree that you will receive these emails even if you have opted out of receiving other email from LeansAI. If you do not want to receive these types of emails, you may cancel your subscription to the LeansAI Subscription at any time as provided in these TOS.
8. RESTRICTIONS ON USE
You will not (a) make the Subscription Content available to or use the Subscription Content for the benefit of anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent, or lease the Subscription Content, or include the Subscription Content in a service bureau or outsourcing offering, (c) interfere with or disrupt the integrity or performance of The Site or Derivatives or any third-party data contained therein, (d) attempt to gain unauthorized access to The Site or Derivatives or any related systems or networks, (e) frame or mirror any part of The Site or Derivatives or Subscription Content, (f) access, record or copy The Site or Derivatives or Subscription Content in order to build a competitive product or service, (g) reverse engineer, disassemble or decompile The Site or Derivatives, or (h) modify The Site or Derivatives or Subscription Content.
10. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES AND SUBSCRIPTIONS
LeansAI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or these TOS with or without notice.
LeansAI and its affiliates, owners, principals, officers, employees and agents shall be referred to, collectively, as “LeansAI Indemnitees.”
- User agrees to and shall indemnify, defend (with legal counsel reasonably acceptable to LeansAI Indemnitees) and hold LeansAI Indemnitees harmless from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them arising from:
- any misrepresentation by, or breach of any covenant or warranty or representation of User contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by User hereunder;
- any suit, action, proceeding, claim or investigation against LeansAI Indemnitees which arises from or which is based upon or pertaining to your use of The Site and Derivatives;
- failure to comply with the terms of this Agreement; or
- failure to comply with applicable law.
- If any lawsuit, enforcement action or any attempt to collect on an alleged liability is filed against LeansAI Indemnitees, written notice thereof shall be given to User within ten (10) business days after receipt of notice or other date by which action must be taken; provided, however, that the failure of LeansAI Indemnitees to give timely notice shall not affect its rights to indemnification hereunder except to the extent that User demonstrates damage caused by such failure. After such notice, User shall be entitled, if it so elects, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of its own choice (subject to the reasonable approval of LeansAI) to handle and defend the same, at User’s reasonable cost and expense. LeansAI Indemnitees shall cooperate in all reasonable respects, at User’s cost and expense, with User and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. User shall not, without the prior written consent of LeansAI Indemnitees, effect any settlement of any proceeding in respect of which LeansAI Indemnitees is/are a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit, or other proceeding only involves a remedy for the payment of money by User and includes an unconditional release of LeansAI Indemnitees from all liability on claims that are the subject matter of such proceeding.
- If User shall have an indemnification, defense and hold harmless obligation, as above provided, and shall fail to assume such obligation, then LeansAI Indemnitees shall have the right, but not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or verdict as LeansAI Indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment, expense and costs, including reasonable attorneys’ fees, to be reimbursed by User upon demand by LeansAI Indemnitees.
12. DISPUTE RESOLUTION
- If and to the extent any dispute or claim as between you and LeansAI relating to this Agreement cannot be resolved through good faith negotiations, such dispute or claim shall be resolved exclusively by arbitration in Golden, Colorado under and pursuant to the rules of the American Arbitration Association for Jefferson County, Colorado in accordance with the laws of the State of Colorado without regard to its conflict of law provisions. The prevailing Party shall be entitled to recover its cost and reasonable attorneys’ fees incurred in connection with such action from the other party.
- You agree that any dispute you may bring to arbitration shall be as an individual only, not as a class or with or behalf of anyone else. You expressly waive any right to bring a class or collective action, or be a member in a class or collective proceeding. This arbitration may be enforced under the Federal Arbitration Act and LeansAI may take any and all actions necessary to dismiss a class or collective actions or claims thereunder.
- Notwithstanding the foregoing, in the event that monetary damages are not a sufficient remedy for any threatened or actual breach of this Agreement, in addition to monetary damages, either Party shall be entitled to seek other remedies at law, injunctive or other equitable relief and/or specific performance to remedy or prevent any threatened or actual breach of this Agreement in any court of competent jurisdiction without the requirement of a bond.
13. BINDING AGREEMENT
This Agreement shall be binding upon and inure to the benefit the Parties and their respective heirs, personal representatives and successors-in-interest. Subject to the foregoing sentence, this Agreement is for the exclusive benefit of you and LeansAI, and there shall be no third party beneficiary to any of the provisions of this Agreement.
14. GENERAL PROVISIONS
BY ACCESSING THE SITE AND DERIVATIVES, YOU AGREE TO THE TERMS AND CONDITIONS IN THESE TOS IN FULL, AND AGREE AND CONSENT THAT IF YOU ARE DISSATISFIED WITH THE SITE OR DERIVATIVES AT ANY TIME, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SITE AND DERIVATIVES, AND IF APPLICABLE, CANCEL YOUR SUBSCRIPTION TO THE SITE AND DERIVATIVES.
Some of the articles, blog posts, and content on the Site or Derivatives are generated by Third-Party Sources and considered Third-Party Content which don’t necessarily reflect the views and opinions of LeansAI or Stratum Analytics LLC. The usage of Third-Party Content is intended in part to improve search engine optimization and website analytics and does not constitute a recommendation to make decisions or actions based on any information provided in this content. LeansAI reserves the right NOT to label Third-Party Content apart from regular content as LeansAI has obtained exclusive rights for publishing from the authors. We do not represent any information provided on the Site or Derivatives to be “accurate”, and cannot verify that any content on the Site or Derivatives, including Third-Party Content, is free of factual, clerical, or other errors. All content is for entertainment purposes only, and as such, LeansAI accepts no liability for Third-Party Content or other content on the Site or Derivatives in any form.
For subscribers, LeansAI cannot guarantee email notifications of new Leans will be delivered to each subscribers inbox without exception for every new Lean, nor ensure these emails will not arrive in a spam, promotions, junk or other folders. Additionally, LeansAI may update Information in the “Todays Leans” page after email notifications have been sent without sending additional email notifications of the new updated information, including but not limited to percentages, line movement, units, or other model updates from last minute injury decisions or other factors. As such, it is recommended subscribers check the “Today’s Leans” page for the most up to date information, as information sent via email notifications may be outdated.
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