StatHat Terms of Service
The stathat.com service ("Service") is operated by Numerotron, Inc. ("Numerotron"). By using this Service you accept the following Terms of Service.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Numerotron, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Provision of the Services by Numerotron
Numerotron is actively developing the Services in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Numerotron provides may change from time to time without prior notice to you.
As part of this continuing development, you acknowledge and agree that Numerotron may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Numerotron’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Numerotron when you stop using the Services.
You acknowledge and agree that if Numerotron disables access to your account, you may be prevented from accessing the Services, your account details or any files, data, or other content which is contained in your account.
You acknowledge and agree that Numerotron has set fixed upper limits on the number of transmissions you may send or receive through the Services and the amount of storage space used for the provision of any Service.
Users can send and access data to the Service via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that Numerotron shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Numerotron has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. Numerotron, in its sole discretion, will determine abuse or excessive usage of the API. Numerotron will make a reasonable attempt via email to warn the account owner prior to suspension.
Numerotron reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Numerotron will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Numerotron, unless you have been specifically allowed to do so in a separate agreement with Numerotron.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Numerotron, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Numerotron has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Numerotron may suffer) of any such breach.
Payment, refunds, upgrading, and downgrading terms
All premium plans are required to enter a valid credit card. Free plans do not require a credit card number.
You will be billed immediately if you upgrade from a free plan to a premium plan.
The Service is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
An upgrade from one premium account to another will be prorated based on the time left in your billing cycle. The new rate will be charged on your next billing cycle.
Prices of all Services, including but not limited to monthly fees for the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the StatHat site (stathat.com) or the Service itself.
Pricing details are available at www.stathat.com/pricing.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Numerotron for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Numerotron immediately at .
Privacy and your personal information
You agree to the use of your data in accordance with Numerotron’s privacy policies.
You acknowledge and agree that Numerotron (or Numerotron’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Numerotron and that you shall not disclose such information without Numerotron’s prior written consent.
Unless you have agreed otherwise in writing with Numerotron, nothing in the Terms gives you a right to use any of Numerotron’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Other than the limited license set forth in the following section, Numerotron acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Numerotron, you agree that you are responsible for protecting and enforcing those rights and that Numerotron has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Numerotron, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Numerotron
Numerotron gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Numerotron as part of the Services as provided to you by Numerotron (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Numerotron, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Numerotron, in writing.
Unless Numerotron has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Ending your relationship with Numerotron
The Terms will continue to apply until terminated by either you or Numerotron as set out below.
If you want to terminate your legal agreement with Numerotron, you may do so by canceling your accounts for all of the Services which you use.
Numerotron may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Numerotron is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the partner with whom Numerotron offered the Services to you has terminated its relationship with Numerotron or ceased to offer the Services to you; or
- Numerotron is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Numerotron is, in Numerotron’s opinion, no longer commercially viable.
Nothing in this section shall affect Numerotron’s rights regarding provision of Services.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Numerotron have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT NUMEROTRON’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, NUMEROTRON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUMEROTRON OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
NUMEROTRON FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NUMEROTRON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH NUMEROTRON MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE NUMEROTRON WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON NUMEROTRON’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT NUMEROTRON HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Changes to the Terms
Numerotron may make changes to the Terms from time to time. When these changes are made, Numerotron will make a new copy of the Terms available at http://www.stathat.com/docs/terms.
You understand and agree that if you use the Services after the date on which the Terms have changed, Numerotron will treat your use as acceptance of the updated Terms.
General legal terms
The Terms constitute the whole legal agreement between you and Numerotron and govern your use of the Services (but excluding any services which Numerotron may provide to you under a separate written agreement), and completely replace any prior agreements between you and Numerotron in relation to the Services.
You agree that Numerotron may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Numerotron does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Numerotron has the benefit of under any applicable law), this will not be taken to be a formal waiver of Numerotron’s rights and that those rights or remedies will still be available to Numerotron.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Numerotron under the Terms, shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. You and Numerotron agree to submit to the exclusive jurisdiction of the courts located within the county of Cook, Illinois to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Numerotron shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.