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Terms of Service

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1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and League Brain, LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://leaguebrain.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in New York, United States and have our registered office at 1985 Beekman Court, Yorktown Heights, NY 10598. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. You will be subject to the revised Terms of Service by your continued use of the Site after they are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law. Those who access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws. The Site is not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA, GLBA).

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, and logos (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

3. User Representations

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update it as necessary.
  3. You have the legal capacity and agree to comply with these Terms of Service.
  4. You are not under the age of 13; if a minor, you have received parental permission.
  5. You will not access the Site through automated or non-human means (e.g., bots, scripts).
  6. You will not use the Site for any illegal or unauthorized purpose.
  7. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username if it is inappropriate, obscene, or objectionable.

5. Fees and Payment

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

You may be required to purchase or pay a fee to access some services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site, and to promptly update payment information. Sales tax may be added where required. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect and authorize us to charge your chosen payment provider upon purchase. If your purchase is subject to recurring charges, you consent to automatic recurring billing until you notify us of cancellation. We reserve the right to correct pricing errors and refuse any order.

6. Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at legal@leaguebrain.com.

7. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make it available. As a user, you agree not to:

  • Systematically retrieve data or other content to create a database without permission.
  • Trick, defraud, or mislead us and other users.
  • Circumvent or interfere with security-related features.
  • Disparage, tarnish, or harm us or the Site.
  • Use information from the Site to harass or harm another person.
  • Make improper use of support services or submit false reports.
  • Violate applicable laws or regulations.
  • Engage in unauthorized framing or linking to the Site.
  • Upload or transmit viruses, Trojan horses, or other harmful material.
  • Engage in automated use (e.g., scripts, data mining).
  • Delete copyright or proprietary notices.
  • Impersonate another user or person.
  • Upload “spyware” or similar passive collection devices.
  • Interfere with or burden the Site or connected networks.
  • Harass or threaten our employees or agents.
  • Bypass access prevention measures.
  • Copy, adapt, decompile, or reverse engineer the Site’s software.
  • Use the Site for any revenue-generating endeavor without authorization.
  • Advertise or offer to sell goods and services.
  • Sell or transfer your profile.

8. User Generated Contributions

The Site may invite you to create, submit, post, display, transmit, or broadcast content and materials (“Contributions”). Contributions may be viewable by other users. By making any Contributions, you represent and warrant that:

  1. You own or have the necessary licenses and permissions.
  2. Your Contributions do not infringe any third-party rights.
  3. You have written consent from any identifiable individual in your Contributions.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited advertising, spam, or chain letters.
  6. Your Contributions are not obscene, violent, or harassing.
  7. Your Contributions do not promote violence or hate.
  8. Your Contributions do not violate privacy or publicity rights.
  9. Your Contributions do not violate laws protecting minors.
  10. Your Contributions do not include offensive comments based on protected characteristics.
  11. Your Contributions do not otherwise violate these Terms of Service.

Any violation of these representations may result in termination of your rights to use the Site.

9. Contribution License

By posting your Contributions, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, distribute, prepare derivative works of, publicly perform, publicly display, and otherwise exploit your Contributions in any media formats and channels now known or later developed, and to sublicense the foregoing.

You retain ownership of your Contributions and any associated intellectual property rights. We are not liable for statements or representations in your Contributions. We may edit, redact, re-categorize, pre-screen, or delete any Contributions at our discretion without notice.

10. Mobile Application License

Use License

If you access the Site via a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited right to install and use the application on devices you own or control, strictly in accordance with these terms. You shall not:

  1. Decompile, reverse engineer, disassemble, or attempt to derive source code.
  2. Modify, adapt, improve, enhance, translate, or create derivative works.
  3. Violate any laws in connection with your use.
  4. Remove or obscure proprietary notices.
  5. Use the application for revenue-generating endeavors for which it is not intended.
  6. Make the application available over a network for multiple users.
  7. Use the application to create a competitive product or service.
  8. Send automated queries or unsolicited commercial email.
  9. Use any proprietary information in the development of other applications.

Apple and Android Devices

When you use a mobile application obtained from Apple Store or Google Play:

  1. The license is limited to your device’s operating system (iOS or Android).
  2. We are responsible for maintenance and support as specified herein; App Distributors have no obligation.
  3. Warranty failures may be handled by the App Distributor in accordance with their terms.
  4. You represent you are not located in a U.S. embargoed country and are not a prohibited party.
  5. You must comply with third-party terms when using the application.
  6. App Distributors are third-party beneficiaries of these terms.

11. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you are non-confidential and shall become our sole property. We shall own exclusive rights to use and disseminate such Submissions for any lawful purpose without acknowledgment or compensation to you.

12. Third-Party Websites and Content

The Site may contain links to third-party websites (“Third-Party Websites”) and third-party content. We do not investigate, monitor, or check for accuracy or completeness, and we are not responsible for any Third-Party Websites or content. Inclusion of any link does not imply endorsement. If you decide to access any Third-Party Websites, you do so at your own risk and should review their terms and policies.

13. Advertisers

We allow advertisers to display information on the Site. Advertisers are fully responsible for any ads they place and any services or products sold through those ads. We provide only the space and have no other relationship with advertisers.

14. U.S. Government Rights

Our services are commercial items under FAR 2.101. If acquired by non-DoD agencies, FAR 12.212 and 12.211 apply. If acquired by DoD agencies, DFARS 227.7202-3 and 252.227-7015 apply. This clause supersedes any conflicting FAR, DFARS, or other clauses.

15. Site Management

We reserve the right to:

  1. Monitor the Site for violations of these Terms of Service.
  2. Take legal action against violators.
  3. Refuse, restrict, or disable any of your Contributions.
  4. Remove files or content that are excessive or burdensome.
  5. Manage the Site to protect our rights and ensure proper functioning.

16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://launch.leaguebrain.com/privacy. By using the Site, you agree to be bound by our Privacy Policy. The Site is hosted in the United States; if you access it from other regions with different data protection laws, you consent to have your data transferred to and processed in the U.S. We do not knowingly market to children under 13; if we learn we have collected personal information from a child under 13 without parental consent, we will delete it promptly.

We respect intellectual property rights. If you believe any material on the Site infringes your copyright, please notify us using the contact information below. Pursuant to law, misrepresentations in a notice may subject you to liability.

18. Term and Termination

These Terms of Service remain in effect while you use the Site. We reserve the right to deny access and use of the Site to anyone for any reason, including breach of these Terms of Service or applicable law. We may terminate your account and delete your content without notice. Upon termination, you are prohibited from registering again under your name or a false name.

19. Modifications and Interruptions

We may change, modify, or remove the contents of the Site at any time without notice. We are not liable for any loss or damage caused by your inability to access or use the Site. We may experience downtime for maintenance and will not be liable for any interruption.

20. Governing Law

These Terms of Service and your use of the Site are governed by the laws of the State of New York, applicable to agreements made and to be performed entirely within New York, without regard to its conflict of law principles.

21. Dispute Resolution

Informal Negotiations

To expedite resolution and control costs, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Notice of a dispute must be in writing.

Binding Arbitration

If disputes cannot be resolved informally, they will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes. Your arbitration fees and arbitrator compensation will be governed and limited by the AAA Consumer Rules. The arbitration may be conducted in person, by phone, or online. The arbitrator’s decision will be in writing. The arbitration will take place in New York, United States. The parties may litigate in court only to compel arbitration, stay proceedings, or confirm/modify/vacate an award.

If a dispute proceeds in court rather than arbitration, it shall be brought only in the state or federal courts located in New York, and you consent to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods and UCITA are excluded.

No dispute may be commenced more than one (1) year after the cause of action arose. If that limitation is unenforceable, the parties agree not to arbitrate and submit to New York courts.

Restrictions

Arbitration is limited to the dispute between the parties individually. There is no right to join or consolidate arbitrations or to bring class actions.

Exceptions

The following disputes are not subject to informal negotiations and arbitration:
a. Disputes seeking to enforce or protect intellectual property rights.
b. Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use.
c. Claims for injunctive relief.

22. Corrections

There may be typographical errors, inaccuracies, or omissions on the Site (e.g., descriptions, pricing, availability). We reserve the right to correct any errors and to change or update the information at any time without prior notice.

23. Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AND WILL ASSUME NO LIABILITY FOR ERRORS, INTERRUPTIONS, VIRUSES, OR THIRD-PARTY CONTENT. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

24. Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WILL BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID BY YOU IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING, OR (B) $1,000 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OVERALL LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

25. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from or related to:

  1. Your Contributions;
  2. Your use of the Site;
  3. Your breach of these Terms of Service or any warranties;
  4. Your violation of third-party rights; or
  5. Any harmful act toward other users with whom you connect via the Site.

We may assume the exclusive defense and control of any matter at your expense.

26. User Data

We will maintain certain data you transmit to the Site. Although we perform backups, you are solely responsible for all data you transmit. We shall have no liability for any loss or corruption of such data.

27. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. All agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, and records, and to electronic delivery of notices and policies.

28. California Users and Residents

If any complaint is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
(800) 952-5210 or (916) 445-1254

29. Miscellaneous

These Terms of Service and any policies or operating rules posted on the Site constitute the entire agreement between you and us. Our failure to enforce any provision is not a waiver. These Terms of Service operate to the fullest extent permissible by law. We may assign our rights and obligations at any time. We shall not be responsible for any loss caused by matters beyond our control. If any provision is found unlawful or unenforceable, it will be severed without affecting the remainder. There is no joint venture, partnership, employment, or agency relationship created by these Terms of Service or use of the Site. You waive any defenses based on electronic form or lack of signing.

30. Third-Party Account Integrations and Google API Services

The Services may integrate with third-party accounts that you elect to connect, including Google services such as Gmail. When you connect a third-party account to LeagueBrain:

  1. Authorization. You authorize us to access and use the connected account on your behalf solely to provide the specific feature you have enabled (for example, sending email messages that you compose inside the LeagueBrain Composer through your connected Gmail account).
  2. Your authority to connect. You represent and warrant that you have the legal authority to authorize the connection and that doing so does not violate any agreement between you and the third-party provider.
  3. Your responsibility for messages sent. You are solely responsible for the contents and recipients of any messages sent through a connected account. You agree that you will use connected accounts only to send messages whose recipients reasonably expect to receive them from you, and that you will comply with all applicable laws and regulations, including but not limited to the U.S. CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL), the European Union General Data Protection Regulation (GDPR), and any other applicable anti-spam, marketing, and privacy laws.
  4. Right to disconnect. You may disconnect a connected account at any time from your LeagueBrain settings. Upon disconnection, we will revoke our stored authorization, delete the associated grant, and stop accessing the connected account.
  5. No affiliation with Google or other providers. LeagueBrain is not affiliated with, endorsed by, sponsored by, or otherwise officially connected to Google or any other third-party provider. Trademarks, service marks, and logos of those providers are the property of their respective owners.
  6. Limited Use of Google user data. Our access to, use of, storage of, and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. See our Privacy Policy for details on how we handle Google user data.

31. Contact Us

To resolve a complaint or request further information regarding the Site, please contact us at:

League Brain, LLC
1985 Beekman Court
Yorktown Heights, NY 10598
United States
legal@leaguebrain.com

Questions about these terms? Emailhello@leaguebrain.com