AGREEMENT TO TERMS OF SERVICE

Please read the following terms and conditions (“Terms of Service”) before using the FootbalPsychLab.com website (the “Site”) operated by Football Psych Lab, AS, a Norwegian private limited liability companies company (“FPL”), which includes (a) information and content (including newsletters) made available for free on or through the Site and (b) FPL’s paid content (including content on the Site or in newsletters disseminated through the Site) and available on a subscription basis (the Site and any information described in (a) and (b) above is referred to individually and collectively as a “Publication” or the “Publication”).

Your access to and use of the Site and the Publication are subject to these Terms of Service and all applicable laws and regulations. The Terms of Service constitute a legal agreement between you and FPL. The Site and the Publication are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Publication are not available to persons under age 18. By accessing and using the Site and the Publication, you accept, without qualification, these Terms of Service. If you do not approve and accept these Terms of Service without qualification, you should exit the Site immediately.

MODIFICATION AND MONITORING OF TERMS OF SERVICE

The FPL reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time without notice to you. FPL recommends that you check these Terms of Service periodically for changes.  These Terms of Service can be accessed from the link at the bottom of each page of the Site. If you use the Site or the Publication after FPL posts changes to these Terms of Service, you accept the changed Terms of Service. FPL expressly reserves the right to monitor any and all use of the Site and the Publication.

LIMITATION ON USE OF THIS SITE AND THE PUBLICATION

This Site and the Publication are for your educational purposes only.  FPL grants you a non-exclusive, non-transferable and limited personal license to access and use the Site and the Publication, conditioned on your continued compliance with these Terms of Service. 

You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site or the Publication (provided that nothing restricts you from using the information herein in connection with your own development decision-making process).  The individual newsletters disseminated through the Site may have additional limitations to which you will be subject.  You may not link other websites to the Site without FPL’s prior written permission.  You may print one hardcopy of the information on the Site and any Publication and download one temporary copy into one single computer’s memory solely for your own use and not for distribution, provided that all copyright, trademark and other proprietary notices are kept intact.

You are responsible for safeguarding your password.  You may not allow others to use your username or password to access or use any part of the Site or the Publication. If your username or password has been compromised for any reason, you should immediately request or a new username and password. If you provide your username or password to any third party, you will be solely responsible for any actions that such third party takes using that information. You may not use as a username the name of another person or entity or that is not lawfully available for your use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise vulgar or obscene.

All information on the password-restricted areas of the Site and in the Publication is confidential and private, and you may not disclose or distribute it to any other person for any purpose. Doing so constitutes a breach of these Terms of Service, which may result in immediate termination of your subscription and access to the Site and Publication, without refund. You may not use the Site or the Publication to advertise or perform any commercial solicitation. You also may not use any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of the FPL. You may not take any action that imposes, or may impose, in the FPL’s sole discretion, an unreasonable or disproportionately large load on the FPL’s infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures the FPL may use to prevent or restrict access to the Site or the Publication. FPL reserves any rights not expressly granted herein.

LIMITATION OF LIABILITY; DISCLAIMER OF DUTIES

Neither the FPL nor any of its officers, partners, employees or affiliates will be liable to any subscriber, guest or anyone else for, among other things:

• Any interruption, inaccuracy, error or omission, regardless of cause, in any information appearing on or furnished by FPL or for any damages whatsoever allegedly caused thereby;

• Any unavailability of use of the Site or the Publication, nor undelivered e-mails due to Internet bandwidth problems, equipment failure, or acts beyond FPL’s control, such as fires, floods, earthquakes, weather, war, terrorism, pandemic, labor strikes or civil disturbance;

• Any losses or damages whatsoever claimed to arise from testing or implementing ideas appearing on the Site or in the Publication; or

• Any damages alleged to arise from the use of any idea or strategy described or contained on the Site or in the Publication.

The information, software and services published on this Site and in the Publication may include inaccuracies or typographical errors.  Due to various factors, including human and mechanical error, FPL does not guarantee the accuracy, completeness, timeliness and correct sequencing of such information, software and services, including factual information, calculations, estimates, prices, product images, specifications, availability, and services. The Site and the Publication may be unavailable from time to time due to required maintenance, telecommunications interruptions or other reasons.

FPL and/or its suppliers make no representations about the suitability of the information, software, products and services on the Site or in the Publication for any purpose.  All such information, software, products and services are provided “as is” without warranty of any kind. FPL and/or its suppliers disclaim all warranties and conditions regarding this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability. Because some states and other jurisdictions do not allow the exclusion of implied warranties, the above exclusion may not apply to you.

Your use of the Site and the Publication is at your own risk. You are solely responsible for any damage to your computer system, loss of data or any other damage or loss that results from downloading any content from the Site or the Publication.

FPL and/or its suppliers shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to the Site or the Publication or with the delay or inability to use the Site, the Publication or any information, software, products or services obtained through the Site or the Publication, whether based on contract, tort, strict liability or otherwise, even if FPL or any of its suppliers has been advised of the possibility of damages.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

FPL and any person creating or transmitting the information on the Site and the Publication shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of such information. If you are dissatisfied with the information, products or services offered on the Site or in the Publication or with these Terms of Service, your sole and exclusive remedy is to discontinue use of and access to the Site and the Publication.

INDEMNITY

You agree, at your own expense, to indemnify, defend and hold harmless FPL, its parents, subsidiaries and affiliates, and their officers, directors, shareholders, partners, managers, members, employees, agents, contributors, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Service or the Privacy Policy, your use of the Site or the Publication or any product or service related thereto, or any of your other acts or omissions, including but not limited to the actual or alleged infringement or nay of FPL’s or third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using anything on the Site or in the Publication in any manner not authorized by FPL.

AFFILIATE PROGRAM FOR REFERRING SUBSCRIBERS

FPL provides certain benefits (such as referral fees) to persons who register for our Affiliate program and refer new subscribers. Thus, any new subscriber that has been referred to this Site and the Publication by a third party should be aware that such third party may have made such referral simply to obtain such benefit.

OWNERSHIP OF CONTENT

The Site, the Publication and all of their content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of FPL and are protected by Norwegian and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site and in the Publication are proprietary to FPL, including all registered and unregistered trademarks and service marks of FPL. If the Site or the Publication includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by FPL or any third party, without FPL’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Service. Without limiting the foregoing, you are prohibited from using any of FPL’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the FPL’s prior written permission.

TRUTHFUL INFORMATION

As a condition to your use of the Site and the Publication, you represent and warrant to, and agree with FPL that, all of the information that you provide is truthful, accurate, current and complete. When you create an account with FPL, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Services, which may result in immediate termination of your subscription or access to the Site.  If FPL collects any information from users of the Site or the Publication, the collection and use of such information is governed by the FPL’s Website Privacy Policy, which you should read before providing any information to FPL.

NO UNLAWFUL OR PROHIBITED USE

As a condition to your use of the Site and the Publication, you represent and warrant to, and agree with, FPL that you will not use the Site or the Publication for any purpose that is unlawful or prohibited by these Terms of Service.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES

References to any publication or any other company in the Site or the Publication are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of FPL or its contributors or that FPL endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of FPL.

LINKS TO THIRD PARTY WEBSITES

The Site or the Publication may contain hyperlinks to websites operated by parties other than FPL, which may not have been screened or reviewed by FPL and which may contain inaccurate, inappropriate or offensive material, products or services. FPL does not control such websites, and FPL assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services.  Such hyperlinks are provided for your convenience only. FPL’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You should read the terms of use and other policies of any such third party websites.

SUBSCRIPTION TERM AND PAYMENT

If you wish to subscribe to any product or service made available through the Publication (a “Subscription”), you may be asked to supply certain information relevant to your Subscription including, without limitation, your credit card number, the expiration date of your credit card, your billing and mailing addresses. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Subscription. By submitting such information, you grant the FPL the right to provide the information to third parties for purposes of completing Subscriptions.

Payment for any paid Subscription will be made on the date you subscribe. The subscription term will commence on the date you subscribe and continue for the term you select when subscribing, until the day before the anniversary of the date you subscribe, unless FPL terminates such subscription as provided in these Terms of Service or on the Site. All subscriptions, except for the annual subscription to FootballPsychLab.com will renew automatically on their anniversaries, unless cancelled beforehand by the subscriber. The annual subscription to FootballPsychLab.com must be renewed by the subscriber every year.

SUBSCRIPTION TERMINATION

If you wish to terminate your subscription, please email us at support@footballpsychlab.com, Subject: Subscription Termination. In addition, FPL may terminate or suspend access to the Site or the Publication immediately, without prior notice or liability, for any reason whatsoever. FPL does not offer refunds on Subscriptions shorter than 5 weeks and does not offer refunds on Subscriptions lasting longer than 5 weeks, more than 14 days after the purchase date, or less than 14 days if the Subscriber had access to a webinar. All provisions of these Terms of Service shall survive termination of your Subscription, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Publication will immediately cease. FPL may limit enrollment for new subscriptions as it sees fit.

JURISDICTIONAL ISSUES AND APPLICABLE LAW

These Terms of Service are governed by the laws of the Norway, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in Oslo, Norway, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Service, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and FPL as a result of these Terms of Service or use of the Site or the Publication.

FPL’s performance of these Terms of Service is subject to existing laws and legal process, and nothing in these Terms of Service is in derogation of FPL’s right to comply with law enforcement requests or requirements relating to your use of the Site, the Publication or information provided to or gathered by FPL regarding such use.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Services shall continue in effect.

By reviewing or using the information on the Site or in the Publication after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Service and create a binding contractual obligation, (b) you understand and intend these Terms of Service to be the legal equivalent of a signed, written contract equally binding and (c) you will use the information on the Site and in the Publication in a manner consistent with applicable laws and regulations in accordance with these Terms of Service, as the same may be amended by FPL online or otherwise from time to time. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Service constitute the entire agreement between you and FPL with respect to the Site and the Publication and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FPL regarding the Site and the Publication.

You may obtain a paper copy of any information contained within these Terms of Service at any time by either sending an email to support@footballpsychlab.com. We will not charge you a fee for the paper copy, but you may be charged postage and handling.

YOU SHOULD PRINT OR SAVE THESE TERMS OF SERVICE BY USING THE “PRINT” OR “FILE SAVE” OPTIONS ON YOUR INTERNET BROWSER.

You agree to be bound by any agreement or consent that you transmit to FPL or through the Site via any media or electronic device, including internet, telephone and wireless devices. You agree that when you click on any “I Agree” or “I Consent” or “Subscribe” or “Sign Up” other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement shall be legally binding and enforceable and a legal equivalent of your handwritten signature. This consent will apply on an ongoing basis unless you withdraw your consent. However, if you do withdraw your consent, FPL may cancel your subscription. To withdraw your consent, please notify FPL using any of the methods described above.

By clicking “I Agree” or “I Consent” or “Subscribe” or “Sign Up” other similarly worded “button”, you acknowledge that you have read, understand, and agree to be bound by the Terms of Service above, and confirm that you will download or print these terms and conditions for your records. You acknowledge that you can access the information that is provided electronically on the Site and via email.  By choosing not to click “I Agree” or “I Consent” or “Subscribe” or “Sign Up” other similarly worded “button”, you understand that you will not be able to subscribe to any FPL publication.