ACCEPTANCE OF TERMS OF SERVICE

Dailyfantasyoptimizer.com (“the website” or “site”) is a website owned and operated by DBS Analytix, LLC (“we” or “us”). We provide the “service,” as defined herein, to you (“you” or “user”), subject to the following Terms of Service, which includes our Privacy Policy. By using dailyfantasyoptimizer.com (or by clicking to accept or agree to the Terms of Service when or if this option is made available to you), you agree to these Terms of Service. Please read the Terms of Service and Privacy Policy carefully. If you do not want to agree to the Terms of Service, you must not access or use dailyfantasyoptimizer.com.

PRIVACY

Please review our Privacy Policy, which also governs your use of dailyfantasyoptimizer.com, to understand our practices with regards to your personal information.

DESCRIPTION OF SERVICE

As used in these Terms of Use, “service,” “our service,” “the service” or “dailyfantasyoptimizer.com service” means the service provided by dailyfantasyoptimizer.com for creating fantasy sport lineups, including all website features (uploading salary data, editing provided projections, downloading generated lineups, tutorials, blogs, and any other information provided to the user), as well as user interfaces associated with our service.

USE OF SERVICE

You must be 18 years of age to use the dailyfantasyoptimizer.com service. All information and content provided on dailyfantasyoptimizer.com may be used solely for your personal, non-commercial use. You may not use a robot, spider, or scraper to copy any material contained on dailyfantasyoptimizer.com without permission. Accounts may not be shared and may only be used by one individual. We do not intend to terminate accounts without good cause; however, you agree that dailyfantasyoptimizer.com reserves the right, at our sole discretion, to restrict, suspend or terminate your account, without notice or liability, at any time and for any reason, including violation of these terms. We shall not be liable to you or any third party for any termination of your account and associated loss of access to the email address, and access to the service.

SUBSCRIPTIONS AND BILLING

Although portions of the dailyfantasyoptimizer.com service are offered for free, certain uses of the dailyfantasyoptimizer.com service are restricted unless you choose to purchase a subscription in exchange for access. Additional terms and conditions may apply to purchases of subscriptions in specific portions or features of dailyfantasyoptimizer.com, all of which terms are made a part of these Terms of Service by this reference. If there is a conflict between these Terms of Service and the terms posted to a specific portion of dailyfantasyoptimizer.com, the latter terms shall take precedence. Dailyfantasyoptimizer.com may make changes to its subscription offerings at any time without notice, including requiring a subscription to access services that were previously offered for free.

You agree that your account is for individual use only and may not be shared with any other individuals.

Your dailyfantasyoptimizer.com subscription may start with a free trial. The free trial period lasts for seven days, or as otherwise specified during the subscription sign up process. You will be billed at the end of the free trial period unless you cancel prior to the end of the free trial period. All subscriptions will automatically renew upon expiration of the subscription period until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid being billed for the next month’s subscription fees.

To view the details of your subscription, visit dailyfantasyoptimizer.com and click your username link in the header and the “My Account” link to go to the “My Account” page. You may cancel your membership by clicking the “cancel” button on the “My Account” page. Once you cancel, you will continue to have access to your subscription until the end of the subscription period after which your subscription will end and you will not be charged again. We do not provide refunds for partial-month subscriptions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DAILYFANTASYOPTIMIZER.COM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE DAILYFANTASYOPTIMIZER.COM SERVICE, INCLUDING ALL CONTENT AND SOFTWARE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DAILYFANTASYOPTIMIZER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, DAILYFANTASYOPTIMIZER.COM AND ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES AND AFFILIATES MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES THAT THE DAILYFANTASYOPTIMIZER.COM SERVICE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE OR TIMELY. YOU HEREBY ACKNOWLEDGE THAT THE USE OF DAILYFANTASYOPTIMIZER.COM IS AT YOUR SOLE RISK.

DAILYFANTASYOPTIMIZER.COM ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE WEBSITE, OR BECAUSE OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.

SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES IN WHICH CASE SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless dailyfantasyoptimizer.com and its subsidiaries, affiliates, officers, agents, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, arising out of any claim including, without limitation, your use of the dailyfantasyoptimizer.com service, dailyfantasyoptimizer.com’s use of any content or information you provide, as long as such use is not inconsistent with these Terms of Service, and your violation of these Terms of Service.

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Virginia without regard to conflict of law provisions.

CHANGES TO TERMS OF SERVICE

Dailyfantasyoptimizer.com may change these Terms of Service, including the Privacy Policy, at any time and to notify users of any such changes solely by changing these Terms of Service. Any revisions will take place immediately.