⚠️ TERMS OF SERVICE
Last updated: January 14, 2025
🚨 CRITICAL LEGAL NOTICE
BY USING ESTERN SPORTS, YOU AGREE TO THESE TERMS INCLUDING ARBITRATION AND LIABILITY LIMITATIONS
FOR ENTERTAINMENT PURPOSES ONLY - NOT GAMBLING OR FINANCIAL ADVICE
READ OUR DISCLAIMER BEFORE USING
1. ACCEPTANCE AND ELIGIBILITY
- Age Requirement: You must be 18 years or older to use this service
- Agreement: By accessing Estern Sports, you agree to these Terms and our Disclaimer
- Entertainment Only: This service is for entertainment and educational purposes only
- No Gambling Advice: We do not provide gambling, betting, or financial advice
- Legal Compliance: You are responsible for compliance with all applicable laws in your jurisdiction
2. PAYMENT AND SUBSCRIPTION TERMS
- Trial Period: $1 for 3 days trial available for new subscribers
- Billing: Subscription fees are billed in advance monthly or annually
- Auto-Renewal: Subscriptions automatically renew unless cancelled
- Refunds: No refunds for partial periods except as required by law
- Price Changes: We may change subscription prices with 30 days notice
- Payment Processing: All payments processed securely through Stripe
3. PROHIBITED USES AND CONDUCT
You agree NOT to:
- Share account credentials or allow unauthorized access
- Use for illegal gambling where prohibited by law
- Breach security measures or attempt unauthorized access
- Copy, redistribute, or resell our content without permission
- Use automated tools to scrape or harvest data
- Rely on our predictions for financial or betting decisions
- Circumvent access restrictions or payment requirements
4. ⚠️ DISCLAIMER AND DATA ACCURACY
- Entertainment Only: All content is for entertainment and educational purposes only
- No Guarantees: We make NO warranties about accuracy, completeness, or reliability
- Sports Predictions: All predictions are opinions, not facts or guarantees
- No Financial Advice: Nothing constitutes financial, investment, or betting advice
- Use At Your Risk: You assume all risk from using our information
- Data Sources: We use publicly available data but cannot guarantee accuracy
- See Full Disclaimer: Review our comprehensive Disclaimer
5. ENHANCED GAMBLING DISCLAIMER
⚠️ IMPORTANT NOTICE: ESTERN SPORTS IS NOT AN ONLINE GAMBLING OPERATOR
- Entertainment Purpose: We provide sports analytics and predictions for ENTERTAINMENT and EDUCATIONAL PURPOSES ONLY
- No Gambling Inducement: Our service is NOT intended as an inducement to gamble
- No Guarantees: We make NO guarantees about the accuracy of our predictions
- Past Performance: Past performance does NOT guarantee future results
- Unpredictable Outcomes: You acknowledge that sports outcomes are inherently unpredictable
- Use at Own Risk: Use of our data for gambling is entirely AT YOUR OWN RISK
- No Gambling Liability: We are NOT responsible for any gambling losses incurred using our data
- Legal Compliance: You must check and comply with all local laws regarding online gambling
- Full Disclaimer: By using our Service, you acknowledge that you have read our full Disclaimer
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL ESTERN SPORTS, DETAILED AI LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of Profits, Data, Use: Loss of profits, data, use, goodwill, or other intangible losses
- Substitute Products: The cost of substitute products or services
- Analytics Reliance: Any losses or damages resulting from your use of our analytics or predictions
- Financial Decisions: Any financial losses from decisions made based on our data
- Personal Injury: Personal injury or property damage of any nature
- Unauthorized Access: Unauthorized access to our servers or your personal information
- Service Interruption: Interruption or cessation of transmission to or from our service
- Malicious Code: Any bugs, viruses, trojan horses, or similar destructive code
- Content Errors: Errors or omissions in any content
- Information Reliance: Any loss or damage as a result of your reliance on information obtained from the service
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED FIFTY DOLLARS ($50.00) OR THE AMOUNTS PAID BY YOU TO US IN THE PAST TWELVE (12) MONTHS, WHICHEVER IS GREATER.
"AS IS" AND "AS AVAILABLE" SERVICE PROVISION
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND "AS AVAILABLE."
- No Guarantees: We make no representations or warranties of any kind whatsoever for the service
- Your Own Risk: You use the service entirely at your own risk and discretion
- No Reliability Promise: We do not warrant that the service will be uninterrupted, secure, or error-free
- No Accuracy Promise: We make no warranties about the accuracy, reliability, or completeness of any information
- No Fitness Promise: We disclaim any warranty that the service will meet your requirements or be fit for any particular purpose
7. NO WARRANTIES AND DISCLAIMERS
⚠️ COMPLETE WARRANTY DISCLAIMER
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED
- No Express Warranties: We make no express warranties, representations, or guarantees about the service, content, or any results you may obtain
- No Implied Warranties: We disclaim all implied warranties including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement
- No Sports Prediction Warranties: We specifically disclaim any warranty that our sports analytics, predictions, or data will be accurate, profitable, or successful
- No Technical Warranties: We do not warrant that our service will be uninterrupted, timely, secure, or error-free
- No Content Warranties: We make no warranties about the accuracy, reliability, completeness, or timeliness of any content, information, or data
- No Third-Party Warranties: We disclaim all warranties regarding third-party content, links, or services accessed through our platform
- No Security Warranties: We do not guarantee that our service is free from viruses, malware, or other harmful components
- No Availability Warranties: We do not warrant continuous access to our service or any particular uptime percentage
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, BUT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Detailed AI LLC (dba Estern Sports), its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Terms Violation: Your violation of these Terms of Service
- Service Use: Your use of the Service, including any data or content transmitted or received by you
- Law Violation: Your violation of any applicable law, rule, or regulation
- Third-Party Rights: Your infringement of any third-party right, including intellectual property rights
- False Information: Any false or misleading information provided by you
- Gambling Use: Your use of our data for gambling or investment purposes
- Account Security: Any other party's access and use of the Service with your unique username, password, or other security code
9. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution: Most disputes can be resolved without legal action. Before filing a claim against Estern Sports, you agree to try to resolve the dispute informally by contacting realelliotastern@gmail.com.
- Binding Arbitration: If we can't resolve the dispute informally, you and Estern Sports agree to resolve any claims through final and binding arbitration, except as set forth below. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes.
- Arbitration Location: Arbitration will be conducted in Marion County, Oregon, unless we agree otherwise.
- Class Action Waiver: YOU AND ESTERN SPORTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Exception - Small Claims Court: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement in small claims court.
9. INTELLECTUAL PROPERTY
- Our Content: The Service and its original content (excluding user-generated content) are and will remain the exclusive property of Detailed AI LLC and its licensors.
- League/Team Names: We do not claim ownership of any professional sports league names, team names, player names, or related trademarks. These are the property of their respective owners. Statistical data is factual information in the public domain.
- Your License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for personal, non-commercial purposes.
- Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
10. ACCOUNT MANAGEMENT AND TERMINATION
- Account Security: You are responsible for maintaining account security
- Termination Rights: Either party may terminate for any reason with notice
- Immediate Termination: We may terminate immediately for Terms violations
- Effect of Termination: Access ends immediately, no refunds for partial periods
11. DATA RETENTION AND DELETION POLICY
📋 COMPREHENSIVE DATA HANDLING POLICY
- Account Data Retention: We retain your account information (email, name, subscription details) for as long as your account is active or as needed to provide services
- Usage Data: We may retain anonymized usage analytics and service performance data indefinitely for business operations and improvement
- Payment Information: Payment details are handled by Stripe and subject to their retention policies. We do not store complete credit card information
- Legal Retention Requirements: We may retain data as required by applicable laws, including:
- Financial records for tax compliance (up to 7 years)
- Legal dispute documentation (until resolution + 3 years)
- Fraud prevention records (up to 5 years)
- Regulatory compliance data (as required by law)
- Account Deletion: Upon account termination, we will:
- Delete personal account information within 30 days
- Retain anonymized analytics data
- Keep required legal/financial records per legal requirements
- Remove access to all services immediately
- Data Backup Retention: Data may persist in backups for up to 90 days after deletion from active systems
- Third-Party Data: Sports statistics and public data may be retained indefinitely as it constitutes publicly available information
- User Requests: You may request data deletion by contacting realelliotastern@gmail.com, subject to legal retention requirements
- Business Transfer: In the event of merger, acquisition, or sale, data may be transferred to the acquiring entity subject to the same privacy protections
NOTE: Some data retention is legally required and cannot be deleted upon request. We will inform you of any retention requirements that prevent data deletion.
12. MISCELLANEOUS
- Governing Law: These Terms shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
- Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- No Waiver: Our failure to enforce any right or provision will not be considered a waiver of those rights.
- Entire Agreement: These Terms, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Estern Sports.
- Assignment: You may not assign or transfer these Terms. We may assign our rights to any of our affiliates or subsidiaries.
- Survival: All provisions which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Age Requirement: You must be 18 years or older to use this Service.
- Updates: We may update these Terms with notice posted on our website
📞 LEGAL CONTACT
Service Provider: Detailed AI LLC (dba Estern Sports)
Address: 2355 State St Ste 101, Salem, OR 97301
Contact Email: realelliotastern@gmail.com
For legal inquiries, support, and all other matters
⚠️ REMEMBER: This service is for entertainment only. See our Disclaimer and Responsible Gaming resources.