Terms and Conditions
Last updated: May 20th, 2019
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION. PLEASE SEE THE GOVERNING LAW AND ARBITRATION SECTIONS OF THIS AGREEMENT FOR MORE INFORMATION AND INSTRUCTIONS ON HOW TO OPT OUT.
Certain securities are offered through North Capital Private Securities, Member FINRA/ SIPC ("NCPS"), located at 623 East Ft. Union Blvd, Suite 101, Salt Lake City, UT 84047. NCPS does not make investment recommendations and no communication, through this website or in any other medium should be construed as a recommendation for any security offered on or off this investment platform. You can review the brokercheck for NCPS here.
1. Use of the Website
To be eligible to access, use or register with our Services, you represent and warrant:
- you are 18 years or older;
- you have legal capacity to form a binding contract with SportBLX;
- you agree to be bound by these Terms, any other rules, procedures, policies, agreements you have with SportBLX;
- you will provide us with information that is accurate, complete, and current;
- you will be responsible for safeguarding the password and credentials to your account and any activities or actions under your account;
- you will notify us immediately upon becoming aware of any breach of security or unauthorized use of your account; and your use will comply with, and is not contrary to, any applicable laws and regulations in your country or jurisdiction.
SportBLX is not liable for any loss or damage arising or resulting from your failure to comply with the above requirements. In addition, failure to meet any of the eligibility requirements listed above constitutes a breach of these Terms, which may result in immediate termination of your account on our Service.
2. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Services or until your account is terminated in accordance with these Terms.
We may terminate or suspend your account and your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us.
3. Links to Other Websites
The Services may contain links to third-party web sites or services that are not owned or controlled by SportBLX. SportBLX does not control and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that SportBLX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
5. Website Security
You may not violate or attempt to violate the security of the Services. Tampering with any portion of the Services, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Services, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Services or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Services.
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges. SportBLX may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Services if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
When accessing the Services, users should be aware that the internet is generally not regarded as a secure environment, and that data sent via the internet can be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Data sent via the internet may be transmitted across international borders even though both sender and receiver are located in the same country. SportBLX does not accept any responsibility or liability for the security of data while in transit via the internet.
6. Ownership of Materials on Services
Unless otherwise noted, the Services (including Content uploaded or transmitted by you on the Services) and all associated intellectual property rights (including copyrights, trade secret, trademarks, trade dress and/or other intellectual property) (“IP Rights”) are owned, controlled or licensed by SportBLX or by its third party licensors. All IP Rights are and shall remain the exclusive property of SportBLX, its respective third party licensors or third parties to whom it is attributed. In using the Services, individual users shall not obtain any rights, title or other interest in or to any information on the Services or related IP Rights. Subject to the above, individual users are entitled to view the information on the Services and to copy and print such information for personal use. Individual users are not permitted to sell or distribute or otherwise deal with the information on the Services or any derivatives of such information without the prior written consent of SportBLX. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content or Services.
7. Private Offerings
Some of the investment opportunities posted on this website are “private offerings” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. The private offerings will not be registered with the SEC or any state securities commission or regulatory authority. Investments in private offerings are speculative and involve a high degree of risk and those investors who cannot afford to lose their entire investment should not invest in such offerings. Investments in private offerings are highly illiquid and those investors who cannot hold an investment for the long term (at least 5-7 years) should not invest. Investments displayed on the Services are not bank deposits, are not insured by the FDIC or by any other Federal government agency, are not guaranteed by SportBLX, and may lose value.
8. No Offers or Reliance
The Information presented on the Services has been prepared in summary form solely for purposes of convenience of presentation, and under no circumstances should it be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any product or service offered by SportBLX. No such offer or invitation or solicitation will be made prior to the delivery of final documentation relating to the specific securities being offered. Before making an investment decision with respect to any investment, potential investors are advised to carefully read the related final documentation and offering memorandum documents (the “Documents”). Further, SportBLX does not give or offer any business advice, investment advice, tax or legal advice to anyone using this Services, accordingly, potential investors are advised to consult with their tax, legal and financial advisors with respect to any investment.
9. Past performance / Forward-looking statements
Nothing on the Services or contained herein shall be relied upon as a promise or representation as to past or future performance. The Services may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “believes,” “targeted,” “projected,” “underwritten,” “estimates,” “predicts,” “potential,” or “continue” or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. SportBLX undertakes no obligation to update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. None of SportBLX, the issuer nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Investors should conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed on the Services.
10. No Warranty; Limitation on Liability
BY USING THE SERVICES, OR DOWNLOADING ANY CONTENT FROM THE SERVICES TO YOUR DEVICE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. NEITHER SPORTBLX NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER SPORTBLX NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT OR MATERIALS PROVIDED ON THE SERVICES NOW OR IN THE FUTURE. SPORTBLX AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SERVICES, INFORMATION ON THE SERVICES OR THE RESULTS OBTAINED FROM USE OF THE SERVICES. SPORTBLX AND ITS ASSOCIATES ACCEPTS NO RESPONSIBILITY FOR UPDATING ANY PARTY OF THE SERVICES OR THE CONTENT THEREIN.
UNDER NO CIRCUMSTANCES WILL SPORTBLX OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF THE SERVICES, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF SPORTBLX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF SPORTBLX.
11. Effect on Other Agreements
Nothing contained in these Terms and Conditions is intended to modify or amend any other written agreement you may have with SportBLX (including without limitation any customer agreement, participation agreement, operating agreement, investment agreement or account agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions and any Other Agreements, the Other Agreements will govern. Some pages within the Website or Mobile App contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms and Conditions. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages of the Website or Mobile App.
By using the Website, you agree that any disputes arising from the use of the Services or concerning these Terms or their interpretation, violation, nullity, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (“AAA”), by one or more arbitrators appointed in accordance with the said rules. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
You may cancel this agreement to arbitrate by giving written notice to SportBLX within 30 days of the date of your agreement to these Terms, or 30 days after SportBLX makes material changes to this section of these Terms. You should send your cancellation notice to [email protected] with the following information: (i) your name, (ii) your SportBLX account email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with SportBLX through arbitration. Your notice to opt-out of arbitration only applies to these Terms; if you previously entered into other arbitration agreements with SportBLX or enter into other such agreements in the future, your notification that you are opting out of the arbitration terms of these Terms shall not affect the other arbitration agreements between you and SportBLX. Should you choose to withdraw from the arbitration provision, all other provisions of these Terms shall remain in full force and effect.
- Headings. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section.
- Validity of Terms and Severability. If any provision of these Terms and Conditions is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. If such provision cannot be reformed, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
- No Waiver. The failure of SportBLX to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and will not limit SportBLX’s rights with respect to such breach or any subsequent breaches.
- Assignment. You may not assign or delegate any rights or obligations under this Agreement, and any such attempts will be ineffective. SportBLX can freely assign or delegate all rights and obligations under these Terms in part or in its entirety without notice to you.
- Survivability. All provisions of the Terms which by their nature should survive termination shall do so, including, without limitation, sections 5-6, 8-14.
If you have any questions about these Terms, please contact us.