Welcome to the ScoreRunner.com website (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a ScoreRunner.com membership account (“Account”) to receive email or mobile text message sports scores updates (the “Services”) so that you are aware of your legal rights and obligations with respect to ScoreRunner, LLC and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “ScoreRunner”).

By using this Site, opening an Account, or using our Services you signify your irrevocable acceptance of this TERMS OF SERVICE. If you are at least 13 years old but younger than 18 years old, you must get permission from a parent or legal guardian to use the site and the services or open an account and that parent or legal guardian must agree to this Terms of Service. If you are younger than 13 years old, YOU are not allowed to use the Site or the services or to create an Account.

ScoreRunner has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, or your Account shall be deemed irrevocable acceptance of those revisions.

ScoreRunner reserves the right to change, modify, suspend or discontinue any portion of this Site at any time. ScoreRunner may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.

ScoreRunner reserves the right to refuse to provide you access to the Site or the Services or to allow you to open an Account for any reason.

• Description of ScoreRunner.com
  ScoreRunner provides sports scores updates to Account holders via email or mobile text messages. When you open an Account, you can customize the types of updates you receive according to which sports and teams you follow and choose whether you want to receive sports scores updates to your email account or your mobile phone. The Services do not provide sports scores updates for all sports leagues. Please check the Site for which sports leagues are currently available through the Services.
  
• Privacy
  Your privacy is very important to us at ScoreRunner. To better protect your rights we have provided the ScoreRunner.com Privacy Policy to explain our privacy practices in detail. To read the ScoreRunner.com Privacy Policy, please click here.
  
• Limited License
  ScoreRunner grants you a limited license to access and use the Site and the Services subject to the terms and conditions of this Terms of Service. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content).
  
  You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, ScoreRunner’s trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without ScoreRunner’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a ScoreRunner name, trademark, URL, or product name without ScoreRunner’s express written consent.
  
• Use of Materials
  All materials transmitted or published by ScoreRunner on the Site (including, but not limited to text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the “Materials”) are owned or controlled by ScoreRunner, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
  
  Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
  
  YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOU WILL NOT USE THE SERVICES FOR BETTING, WAGERING OR ANY OTHER GAMBLING PURPOSES.
  
• Accounts and Security
  To use aspects of the Site or the Services, you must register with ScoreRunner to open an Account. As part of the registration process, each user will submit his or her email address and select a password. You shall provide ScoreRunner with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address that ScoreRunner, in its sole discretion, deems inappropriate or offensive; (iv) if you chose to receive mobile text messages through the Services, assign more than one mobile phone number to your Account; or otherwise (v) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.
  
  You agree to notify ScoreRunner of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your email address and password.
  
  ScoreRunner may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that ScoreRunner believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by ScoreRunner; or (iii) harmful to other users, third parties, or the business interests of ScoreRunner. Use of an Account for illegal, fraudulent or abusive purposes (including, without limitation, betting, wagering or gambling) may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against ScoreRunner, or a claim which in any way involves ScoreRunner, then ScoreRunner may terminate your Account. Upon termination of your Account by ScoreRunner for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) ScoreRunner will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
  
  You may only use this Site, download the Services and/or open an Account if your applicable jurisdiction allows you to accept this Terms of Service.
  
• Your Promises
  In addition to the other promises made by you in this Terms of Service, you promise that you will not:
  • remove any proprietary notices from this Site or the Services;
  • cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of ScoreRunner;
  • use this Site or the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
  • use the Site or the Services to, or in any way that would, violate any applicable law, regulation or ordinance;
  • use the Site or the Services for fraudulent purposes; attempt to decompile, reverse engineer, disassemble or hack the Site or the Services, or to defeat or overcome any encryption technology or security measures implemented by ScoreRunner with respect to the Site and/or data transmitted, processed or stored by ScoreRunner;
  • harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
  • use this Site or the Services to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, or (E) obstructs or otherwise interferes with the normal performance of another person's use of the Site or the Services.
    
• Payment and Free Trials
  You acknowledge that, with the exception of the free trials discussed below, the features of your Account are only available upon the payment of an annual fee (“Account Fee”). Unless you terminate your Account prior to the expiration of your Account Fee period, your Account shall automatically renew for another annual period and your credit card shall automatically be charged that amount. Your Account Fees is payable prior to receipt of the Services (except in the instance where you receive a free trial) and is not refundable in whole or in part. You hereby authorize ScoreRunner to charge the Account Fee and any applicable taxes ScoreRunner is required to collect to the credit card number you provide when you open your Account. If ScoreRunner is unable to process any Account Fee to the credit card you provided, ScoreRunner may immediately terminate your Account. ScoreRunner reserves the right to change the Account Fee and billing methods at any time. Should ScoreRunner decide to change any Account Fee or billing method, ScoreRunner shall provide an e-mail notice to you at least thirty (30) days prior to instituting such change. All Account Fees are stated in U.S. dollars. You may terminate your Account at any time, however, you will not be refunded any Account Fees already paid to ScoreRunner upon such termination. If you choose to receive mobile text messages through the Services to your mobile phone, standard text messaging, SMS and related rates charged by your mobile carrier apply, and such charges are not included in the Account Fee. You are solely responsible for any charges you receive from your mobile carrier for such messages.
  
  ScoreRunner may offer free trials of the Services. ScoreRunner will notify you when your free trial of the Services expires. If you wish to continue using the Services you must authorize the payment of the Account Fee as set forth above through your Account. ScoreRunner reserves the right to terminate free trials of Services at any time, in its sole discretion, for any reason or no reason at all, with or without prior notice to you.
  
  You are responsible for and agree to pay all charges incurred, including applicable taxes, by you or anyone you allow to use your Account.
  
• Disclaimer
  This Site AND the SERVICES are provided "as is" and without any warranties, claims or representations made by ScoreRunner of any kind either express, implied or statutory with respect to this Site AND the SERVICES, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular pURpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, ScoreRunner does not warrant (a) that thIS Site, the functions contained therein OR THE SERVIES will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that thIS Site and/or the server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components; AND (B) THE ACCURACY OR TIMELINESS OF ANY SPORTS SCORES UPDATES PROVIDED THROUGH THE SERVICES.
  
  You acknowledge that the entire risk arising out of the use or performance of thESite and/or the SERVICES remains with you to the maximum extent permitted by law.
  
  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
  
• Limitation of Liability
  IN NO EVENT SHALL ScoreRunner BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF ScoreRunner HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  
  YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THE SITE AND CEASE USE OF THE SERVICES.
  
  Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
  
• Links to Third Party Sites
  The links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of ScoreRunner in any manner whatsoever. Therefore, ScoreRunner is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. ScoreRunner is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by ScoreRunner of any linked site and/or any of its content therein.
  
• Term of Use
  The license for use of this Site and/or the Services is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by ScoreRunner to effect such termination. Sections 4, 6, and 8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Services.
  
• Your Representations and Warranties
  You represent and warrant that:
  • you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
  • you will use this Site and the Services for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies;
  • you will only use this Site and/or the Services on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone’s owner; and you are over 13 years of age.
  
  
• Indemnity
  You agree to indemnify, defend and hold harmless ScoreRunner, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site or the Services.
  
• Notification of Copyright Infringement
  ScoreRunner may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize ScoreRunner to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
  
  ScoreRunner will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site, please notify ScoreRunner’s Copyright Agent identified below.
  
  A notification of claimed infringement must be a written communication addressed to the ScoreRunner Copyright Agent set forth below (the “Notice”), and must include the following:
  • a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • a description of the copyrighted work or works that you claim have been infringed;
  • a description of the exact name of the infringing work and where the infringing work is located on the Site;
  • information sufficient to permit ScoreRunner to contact you, such as your physical address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
  
  Pursuant to the Digital Millennium Copyright Act, ScoreRunner will remove allegedly infringing material from the Site upon receipt of a notice which complies with the requirements of this section.
  
  The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site or the Services or if you have received a notice of alleged copyright infringement and you are sending a counter-notice. All other inquiries directed to the Copyright Agent will not be responded to.
  
• Severability
  If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  
• Copyright
  ScoreRunner holds the copyright for all copyrighted and copyrightable materials on the Site, including, without limitation, the ScoreRunner trademark, logo, design, text, graphics, forms and any other applicable Materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. ScoreRunner holds the copyright in the Materials as well as the collective work. The collective work includes works that are licensed to ScoreRunner. The collective work may also include works that are the property of ScoreRunner’s licensors, which are also protected by copyright and other intellectual property laws.
  
• Trademarks
  All trademarks, service marks, logos, trade names, and any other proprietary designations of ScoreRunner used herein are trademarks or registered trademarks of ScoreRunner. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
  
• Miscellaneous
  ScoreRunner reserves all rights not expressly granted herein. ScoreRunner may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site, and/or the Services shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and ScoreRunner. The failure of ScoreRunner at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to ScoreRunner or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and the Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
  
  Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site or the Services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.