DYNAMIC TALENT SOLUTIONS, TERMS OF SERVICE

Last updated: 03/28/23

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH US, AND YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT REGISTER FOR AN ACCOUNT OR ACCESS OR USE THE SERVICES.

Dynamic Talent Solutions, LLC. (“Dynamic Talent,” “Daily Ambush”,  “we,” “us,” or “our”) owns and operates its fantasy sports website located at DailyAmbush.com, as well as related applications, content, products, tools, features, subscriptions, and services (collectively, the “Services”). These Terms of Service (“Terms” or “Agreement”) apply to you – all users who register for an account or in any way access or use the Services (“users”, “you”, or “your”).  

Please note that when using any specific component of the Services, you are subject to any posted rules, regulations, and guidelines applicable to such specific Services and all such rules, regulations, and guidelines are hereby incorporated by reference into these Terms.

1. Subscriptions, Auto-Renewal, and Cancellation

Auto-Renewal. Paid subscriptions may be required to access our Services. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to collect the applicable fees via your payment method for the renewal term.  The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale.  The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

The rates and charges imposed by us for subscriptions are set at our discretion and subject to change. If you pay a periodic subscription fee for any Services, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.  All pricing is exclusive of any taxes or other fees that you may owe.

Cancellation.  When you subscribe to the Services, you have the right to cancel your subscription at any time by contacting us at support@dailyambush.com.  If you cancel your subscription within two (2) days after you register an account, you will receive a full refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred.  We do not provide refunds for cancellations that occur 2 days after registering an account.  If you wish to cancel, you must do so by sending us written notice of your cancellation to support@dailyambush.com.

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.  We reserve the right to utilize third-party credit card updating services to obtain current expiration dates on credit cards.

2. Services

Dynamic Talent Solutions provides users with an interactive community in which users may discuss, among other things, fantasy sports. Through the Services, you may access content, dashboards, optimized lineups, listen to podcasts, view video streams and engage in various discussions via online chat rooms.  

THE SERVICES ARE INTENDED FOR YOUR PERSONAL, INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THEY DO NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE. 

The Services shall not be used for or in connection with any illegal activities.  It is your responsibility to understand the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Services.  You agree that Dynamic Talent Solutions and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any user activity that may violate any applicable law.

3. Eligibility and Registration

Our Services are available only to residents of the United States and Canada who are 18 years of age or older.  USERS LOCATED OUTSIDE THE UNITED STATES OR CANADA ARE PROHIBITED FROM REGISTERING FOR AN ACCOUNT OR ACCESSING THE SERVICES IN ANY WAY.

When registering an account, you agree to provide and maintain accurate, current and complete information, including your age, your contact information for notices and other communications from us, and your payment information.  You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness.  You agree that we may take steps to verify the accuracy of information you provide, including your age, location, and contact information.

Each user is permitted an account for his or her individual, personal use only.  Legal entities are not permitted to register for an account or subscribe to the Services.  Sharing your username and password or other account credentials with others is strictly prohibited.  You are responsible for taking reasonable steps to maintain the confidentiality and security of information related to your account, including your username and password, and you are responsible for all activities under your account.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.

4. User Content and Conduct

The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Content”), which may be accessible and viewable by the public.  You are solely responsible for any User Content that you submit, post, or transmit via our Services and you do so at your own risk.

You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services, any User Content that we believe, in our sole discretion:

• is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national, or international law;
• contains nudity, sexually explicit content, or is otherwise obscene, pornographic, indecent, lewd, suggestive, or sexually exploitative of minors;
• may disparage any ethnic, racial, sexual, or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
• depicts the use of illicit drugs;
• contains offensive language or images or is otherwise objectionable;
• incites violence or characterizes violence as acceptable, glamorous, or desirable;
• impersonates any person or entity, including, but not limited to, a Daily Ambush official, forum leader, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the Service;
• contains advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation, except in those areas that are designated for such purpose;
• contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
• contains viruses, corrupted data or other harmful, disruptive, or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; or
• would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.

Daily Ambush is not a party to, makes no representations or warranties as to, and has no responsibility or liability with respect to any User Content or other communications, transactions, interactions, disputes, or any relations whatsoever between you and any other user, person, or organization using our Services. You are solely responsible for your interactions with other users of our Services.  We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications sent through our Services, for any reason in our sole discretion.  Without limiting the generality of the foregoing, you agree and acknowledge that we reserve the right to temporarily or permanently remove any user from our Services, for any reason in our sole discretion.

5. Daily Ambush Content and Trademarks

The Services and all content and other materials that can be viewed or accessed on the Services, including, without limitation, all designs, text, graphics, pictures, videos, information, data, software, sound files, articles, message boards, chat rooms, live streams, podcasts, lineups, and rankings, and the selection and arrangement thereof, (collectively, the “Daily Ambush Content”) are the proprietary property of Dynamic Talent Solutions or our licensors or users and are protected by U.S. and international copyright, trademark, patent, trade secret, and/or other intellectual property laws.

You may use the Daily Ambush Content only in connection with your personal use of the Services. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Daily Ambush Content in any form or by any means without prior written permission from us or the content owner. Any unauthorized use of the Daily Ambush Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties against you.

“Daily Ambush,” and all related brand names, product names, titles, slogans, logos, or service names and other marks used in the Services are registered and/or common law trade names, trademarks or service marks of Dynamic Talent Solutions and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

6. Disclaimer

YOUR USE AND ACCESS OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL DYNAMIC TALENT SOLUTIONS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE RELATED TO YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES OR DAILY AMBUSH CONTENT, EVEN IF FORESEEABLE OR IF DAILY AMBUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT,  TORT, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IN SUCH CASES, DYNAMIC TALENT SOLUTIONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION SHALL NOT EXCEED THE AGGREGATE AMOUNT OF YOUR PAYMENTS FOR THE SERVICES.

8. Disputes

Daily Ambush makes every attempt to resolve complaints in a timely manner and to the satisfaction of our users.  If you do have a complaint, please email us at support@dailyambush.com.

In relation to all complaints or disputes, we reserve the right to record all telephone and e-mail communications with you and any other person.

It shall be a condition of your agreement with us that any complaints and disputes are and remain confidential both while we seek a resolution and afterwards. You agree that you shall not disclose the existence, nature or detail of any complaints and disputes to any third party, except for your own legal advisors(which shall include the discussion of any such any complaints and disputes in any chat room, forum, comment, or other content area offered by ourselves or any third party).

9. General Provisions

Assignment. You may not assign any of your rights or obligations under these Terms without prior written consent from Dynamic Talent Solutions. Dynamic Talent Solutions may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

Entire Agreement. These Terms along with our Privacy Policy contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.

Waiver. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

Survival. Any section that by its nature should survive the termination or expiration of these Terms shall so survive.