Last updated: (4/30/2018)
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
Services provided by IHA including TheWolfline.com ™(Patented Sports Trading Analytics) require payment before you can access them. If you choose to subscribe, please review the provisions of Section 8, in addition to all of the other provisions of these Terms.
Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
Registration and Access Controls
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. In no case are persons under the age of thirteen permitted to use the Services.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable patent, copyright, trademark or other legal notices or restrictions. You shall not remove or alter any patent, copyright, trademark, or other legal notices marked on the Content. As between you and IHA , IHA will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
IHA respects intellectual property rights. If you believe that Content on the Services infringes your copyright or have other legal complaints, please contact us immediately.
Subscriptions and Billing
- Account Information. You can access and edit specific details regarding your subscription to All Access, including information concerning your credit card or other available payment method (“Payment Method”), on the THEWOLFLINE.com website at any time by clicking on your name, which appears at the top of each page of the site when you are logged in, and then following the link to your account.
- Age Limitations. Individuals under the age of 18 may utilize All Access only with the involvement of a parent or legal guardian. You acknowledge that by using All Access, you may be exposed to Content that you find objectionable, and it is your sole responsibility to determine whether the Content in All Access is suitable for you. Some Content may not be suitable for people under the age of 18.
- Supported Devices. To see if Thewolfline.com is available for your device contact us
- Payment. By providing Payment Method information for your subscription, you are agreeing to pay a monthly subscription fee of 30$(USD)/month(Thirty U.S. Dollars/month) and any applicable taxes and service fees (“Fees”) in connection with your use of Thewolfline.com. The Fees will be charged to your Payment Method automatically at the beginning of your subscription (or, as described in Section 8.9, at the end of your one week Trial Period, where applicable), and at the beginning of each subscription period renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or All Access is suspended or terminated pursuant to these Terms. If your monthly subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, IHA will charge your Payment Method on approximately the last day of such month. For example, if you started your monthly subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from month to month or year-to-year due to changes in your subscription plan or applicable taxes, and you authorize IHA to charge your Payment Method for these amounts. IHA reserves the right to change the pricing at any time. In the event of a price change, IHA will post the new pricing and attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your All Access subscription as described in Section 8.6. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify IHA within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
- No Refunds. ALL FEES ARE NON-REFUNDABLE. As described further in Section 8.6, even if you cancel All Access during a monthly or annual subscription period, as applicable, you will not receive a refund for any portion of the Fees for the remainder of that monthly or annual subscription period. In rare circumstances, we may provide a credit, refund, 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.
- Unpaid Amounts. If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such amounts, as well as any costs that IHA incurs in collecting any amounts you fail to pay in connection with All Access, including attorney and collections fees; (2) you authorize IHA to continue charging your Payment Method, as your Payment Method information may be updated as described in Section 8.1; and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your subscription renewal.
- Promo Codes. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers, subject to certain restrictions as determined by IHA in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
- Trial Period. IHA provides a limited one week free trial period (“Trial Period”) to new users and certain former subscribers at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. IHA reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. IHA will not charge you in connection with the one week Trial Period. .
- Maximum Streams. You may only use a maximum of two simultaneous streams (measured across all Content available on Thewolfline.com) at any time regardless of the number of devices that IHA permits you to use with Thewolfline.com. IHA may change the maximum number of simultaneous streams of All Access that you may use at any time in its sole discretion.
- Quality of Service. The quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, including your location and the speed of your Internet connection. The time it takes to begin watching Content will also vary based on a number of factors, including your location, available bandwidth at the time and the configuration of your device. IHA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF YOUR WATCHING EXPERIENCE ON YOUR DEVICE.
- Updates and Testing. IHA reserves the right to update and change Thewolfline.com, including its features and the selection of Content available at Thewolfline.com, at any time. In addition, IHA reserves the right to test various aspects of Thewolfline.com. IHA reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice.
- All Access-specific Emails. As part of Thewolfline.com, IHA may send you emails regarding Thewolfline.com from time to time. You agree that IHA may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive access, you agree that you will receive these emails even if you have opted out of receiving other email from IHA . If you do not want to receive these types of emails, you may cancel Thewolfline.com at any time as provided in Section 7.6.
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:a. Access the Services using any interface other than ours;b. Maintain any link to the Services that we ask you to remove, in our sole discretion;c. Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the IHA or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);d. Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;e. Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;f. Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;g. Transmit files that contain viruses, spyware, adware, or other harmful code;h. Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);i. Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;j. Interfere with others using the Services or otherwise disrupt the Services;k. Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;l. Transmit, collect, or access personally identifiable information about other users without the consent of those users and IHA ;m. Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;n. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;o. Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; orp. Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
If you violate this Section 9, IHA may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law.
Access to Services and Accounts
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:q. Change or discontinue the Services;r. Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);s. Remove Content from the Services;t. Restrict, suspend or terminate your access to one or more Services or features thereof; andu. Deactivate your accounts and delete all related information and files in your accounts.
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If IHA terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to All Access or another paid Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If IHA terminates your access to All Access or another paid Service because you breached these Terms, you will not be entitled to any refund.
You will defend, indemnify and hold harmless IHA , its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “IHA Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). IHA retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 14 without IHA ’s prior written approval.
Disclaimers; Limitation of Liability
THE IHA PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE IHA PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE IHA PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE IHA PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
THE IHA PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE IHA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE IHA PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO IHA FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE IHA PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE IHA PARTIES.
Governing Law, Venue, and Jurisdiction
These Terms and all claims as between you and us arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of New Jersey.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in Trenton, New Jersey. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a “Claim”), and the Claim is not resolved by calling our customer service department at, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 17 shall survive termination of these Terms or any subscription that you may have to any of the Services.
Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to IHA a written notice of your claim or we must send a written notice of our claim to you ("Notice"). Your Notice must (1) be sent by certified mail; (2) be addressed to: IHA , Attn: Legal Department; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. If you are an All Access subscriber, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.
Sections 5 and 10-14 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.