U.S.A. Terms of Service

Updated: May 28, 2023.

 

 

The web pages available at www.SBIA1.com, and all associated and linked pages (the “Site”) are owned and operated by SBIA, LLC, a Nevada limited liability company (“we”, “our”, “SBIA”).

 

By accessing, using or obtaining any information, content, data, materials, products or services through our site, you agree to be bound by these Terms of Service. If you do not accept the entirety of these Terms of Service, then you may not access the Site or use the Services in any matter. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.​

 

 

 

Description of Services

 

SBIA provides sports-related information services which may include from time-to-time, articles, statistical data, analytical tools, game predictions, newsletters, podcasts and other related content (our “Services”) through various distribution methods including, but limited to our website, email communications, and telephone communications. These Services may be updated or deleted at any time at the discretion of SBIA.  All information included as part of our Services is produced for entertainment purposes only and is not intended to be used in direct or indirect violation of local, state, provincial, territorial, federal or international laws.

 

 

 

Eligibility

 

Eligibility to access and use our Site and the Services is limited to legal residents of the United States and the District of Columbia who are at least 21 years of age and, who are located in the United States, or the District of Columbia, whether acting on your own behalf or as an authorized employee or representative of a corporation of other business entity. In certain jurisdictions, eligibility to access and use our Site and Services may be higher than 21 years of age. Our Services are provided strictly for your personal, noncommercial use only. 

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By agreeing to these Terms of Service, you certify that (i) you are fully able and competent to enter into a binding contractual agreement, and (ii) you are eligible to access and use the Site and the Services as set forth above.  If you are accessing the Site and/or Services from a mobile device, you also may be required to turn on location services on your mobile device and for the mobile application. We reserve the right to verify your eligibility at any time and to require you to provide us with documentation for that purpose. We further reserve the right to limit or terminate the availability of the Services or deny you access to the Services without further notice to you and in our sole discretion.

 

 

 

Representation and Warranty Disclaimers and Limitation of Liability

 

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS, WITH ALL FAULTS” BASIS. YOU UNDERSTAND AND AGREE YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OF WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE.

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SBIA AND ITS CURRENT OR FUTURE AFFILIATED COMPANIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OFFICIALS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND REPRESENTATIVES AND THEIR RESPECTIVE VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “SBIA AND ITS AFFILIATED PARTIES” OR “AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING OUR SITE OR SERVICES PROVIDED. YOU HEREBY AGREE TO RELEASE SBIA AND ITS AFFILIATED PARTIES FROM ALL LIABILITY ARISING FROM YOUR USE OF THE SITE AND SERVICES.

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SBIA AND ITS AFFILIATED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS (ii) THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED IN AN EXPEDIENT MANNER.

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NO OPINIONS OR INFORMATION OBTAINED BY YOU FROM SBIA AND ITS AFFILIATED PARTIES SHALL CREATE ANY REPRESENTATION OR WARRANTY.

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SBIA AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LIABILITY (i) FOR SPORTS GAMBLING OR WAGERING LOSSES, (ii) FOR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF SBIA AND ITS AFFILIATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (iii) AS A PUBLISHER OF INFORMATION; (iv) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (v) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (vi) FOR ANY INCORRECT OR INACCURATE INFORMATION, (vii) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (viii) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (ix) FOR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR SITE.

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SBIA AND ITS AFFILIATED PARTIES DO NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN CONNECTION WITH OUR SITE OR SERVICES. SBIA AND ITS AFFILIATED PARTIES WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

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SBIA AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OF YOUR ACCOUNT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR MOBILE DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SBIA AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SBIA AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF SBIA AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM SBIA ON THE SITE OR AS PART OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SBIA ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SBIA AND ITS AFFILIATED PARTIES IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

 

 

​Intellectual Property Rights

 

You acknowledge and agree that all Services and content from our Site, including the Services’ and the content’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (the “Materials”), are the exclusive property of the SBIA and its licensors and are subject to and protected by Canadian, United States and international copyright and other intellectual property laws and rights, and may not be reproduced without the prior written consent of SBIA or its licensors. You acknowledge and agree that you will not obtain any ownership interest in the Materials or the Services through any agreement relating to the Services or otherwise. Except as expressly authorized by SBIA, you agree not to reproduce, republish, download, distribute, post, copy, adapt, edit, exploit, publicly display or otherwise transmit the Materials or any derivative works based on the Site, Services, or Materials, in whole or in part. You agree not to modify the Materials in any manner or form, or to use modified versions of the Materials, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided.

 

 

 

User Responsibility for Decisions

 

SBIA provides various sports-related information to its users. You agree that you bear the full responsibility for your own decisions on how you use the information provided to you by SBIA. SBIA and its Affiliated Parties will not be liable to you or to any third party for any decision made or action taken by you and others based on news, information, opinions, or any other content published through our Services.

 

You hereby understand, acknowledge and agree that sports wagering is an inherently risky activity.  Any picks, suggestions or probabilities of outcome expressed, published or otherwise disseminated by SBIA and its Affiliated Parties are speculative.  Any wagering decisions you choose to make should be based on your own understanding of events.

 

 

 

Advertisements

 

Your communications or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertisers and vendors. You agree that SBIA and its Affiliated Parties shall not be responsible or liable to you or to any third party for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site, or in connection with our Services. SBIA and its Affiliated Parties will not be a party to or in any way monitor any transaction between you and any advertisers or vendors. All of your business dealings with advertisers and vendors appearing on the Site or in connection with our Services shall be solely at your own risk.

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Dispute Resolution

 

If a dispute shall arise in connection with your use of our Services or in relation to any of our Terms of Service, our preference is to resolve the matter informally with direct contact via phone or email. Accordingly, in the event of a dispute, you agree to first contact us via phone or email with a detailed description of the dispute at (702) 761-6770 & info@sbia1.com. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations that shall be a precondition to initiating a lawsuit or arbitration. In the event a dispute cannot be resolved informally, you agree that such dispute will be (i) exclusively litigated and enforced within Clark County, Nevada (where our principal business is located) in accordance with the Governing Law section of these Terms of Service and (ii) resolved individually, without resorting to any form of class action.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT COUNSEL, WAIVE, RELINQUISH, AND FOREVER FORGO THE RIGHT TO A TRIAL BY JURY IN connection with your use of our Services or in relation to any of our Terms of Service.

 

 

 

Privacy

 

SBIA takes the privacy of our users seriously. Refer to our Privacy Policy for details. By using the Services, you acknowledge that you have read and you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in these Terms of Service.

 

 

 

Termination Clause

 

SBIA reserves the right to refuse to accept a user applying to become a user of the Service in SBIA’s sole discretion. You agree that SBIA, in its sole discretion, may terminate or suspend your picks package and terminate or suspend your account without prior notice or liability, for any or no reason without limitation, including if we believe in the exercise of our sole discretion that you have violated or acted inconsistently with the spirit of our Terms of Service, or that your use of the Services is harmful to the interests of another user of the Services or SBIA. We may also at our sole discretion and at any time, discontinue providing you with the Site or Services, or any part thereof, with or without notice. You agree that SBIA may immediately deactivate or delete your user name and password and all related information corresponding to your password and that we can ban further access to the Site and the Services when appropriate.

 

If your picks package becomes inactive for a period of 12 months, SBIA may, at its option, terminate access to your picks package, including deletion of any user information.

 

If you wish to terminate your SBIA picks package and account, you may do so by sending an email message to support@SBIA1.com with the words “Terminate picks package” in the subject field. All provisions of these Terms of Service shall survive termination, including ownership provisions, representation and warranty disclaimers, indemnity, and limitations of liability.

 

 

 

Governing Law

 

The Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, as if this agreement was made within Nevada between two residents thereof, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada without regard to conflict of law principles. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorney’s fees.

 

 

 

User Conduct

 

As a condition of use, you agree that you shall not use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose intended by SBIA. You agree not to use the Services to contribute any content that is infringing, defamatory, obscene, abusive, offensive, or otherwise violates any law or right of any third party or for any illegal or unauthorized purpose. You will not use the information at SBIA to violate any laws within your jurisdiction. If in our sole determination SBIA believes you have used the Services in any of the manners aforesaid, SBIA has the right, in its sole discretion, to suspend or close your account and suspend or terminate your picks package.

 

Your SBIA picks package is intended for your use only and shall not be shared with other persons for any reason without prior approval from us. Excessive log-ins with the same user name and password from different IP addresses can result in a cancellation of your picks package without refund.

 

You agree not to utilize web crawlers or any other type of internet bot to browse, index, scrape or obtain content or information in any way from our Site unless expressly authorized by SBIA. Users found to be utilizing any of these techniques can be terminated by SBIA without refund.

 

 

 

Indemnity

 

You agree to indemnify and hold SBIA and its Affiliated Parties harmless from any claims, demands, , causes of action, losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to, arising out of, resulting from or relating to your use of the Services, your connection to the Services, your violation of the Terms of Service, or your violation of any rights of another.

 

 

 

Third Party Links

 

SBIA may provide, or third parties may provide, links to other websites or resources. If you use these links, you will leave the Site and the Services. Your dealings with third parties through links to such third party websites or resources are solely between you and such third parties. You acknowledge and agree that SBIA and its Affiliated Parties have no control over such sites and resources, and accordingly you acknowledge and agree that SBIA and its Affiliated Parties are not responsible or liable for the availability of such external sites or resources to you, and you further acknowledge and agree that SBIA and its Affiliated Parties do not endorse and are not responsible or liable for any content, goods, services, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that SBIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Site, and to read the terms of service and privacy policy of any third-party website or service that you visit. You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Site or the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. SBIA and its Affiliated Parties expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website, resource or application.

 

 

 

Severability

 

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

 

 

 

Sports Wagering

 

If you intend to use the Services for any purpose related to gambling or wagering money or items of value on the outcome(s) of sports games or contests, you acknowledge that SBIA and its Affiliated Parties provide no assurances whatsoever regarding the accuracy of the Services, especially regarding the effectiveness of information included in the Services as applied to gambling. You acknowledge the significant risk for personal loss that may result from basing wagering decisions on information included in the Services, and you agree that you will not interpret information provided by the Services as a recommendation or encouragement by us for you to gamble or take part in any unlawful activities.

 

The Site is not a wagering site and SBIA has no relationship with any wagering service provider.  SBIA does not recommend any particular wagering service provider, and is not itself or with others, involved in the business of betting or wagering.

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Any relationship you have with any sports wagering service provider is strictly a relationship between you and that provider. You acknowledge, understand and agree that some sports wagering service providers may limit or restrict your access to their services in the event your betting patterns and win percentages are not advantageous for such wagering service provider.  SBIA makes no recommendations with regard to wagering service providers, and strongly discourages any wagering with wagering service providers that do not possess a sports book license or sports pool license or similar permit or authorization issued by the governmental, judicial or regulatory entity or Crown agent having jurisdiction over gambling, betting and/or wagering in the U.S. state in which you are located.  Further, you acknowledge, understand and agree that placing wagers with wagering service providers that do not possess a sports book license or sports pool license or similar permit or authorization issued by the governmental, judicial or regulatory entity or Crown agent having jurisdiction over gambling, betting and/or wagering in the U.S. state in which you are located could violate one or more laws to which you may be subject.

 

 

 

Problem Gambling

 

The Services are being provided for entertainment purposes only. Nothing of value can be wagered or risked on or through the Site or the Services.  However, if you are concerned about your gambling behavior or the gambling behavior of someone close to you, please be aware that problem gambling is a treatable disorder and many resources are available to help. Please see the following to find resources to help you: 

 

(i) if you are a Nevada resident, the Nevada Council on Problem Gaming at www.nevadacouncil.org , or 

(ii) if you are a U.S. resident but not a Nevada resident, the National Council on Problem Gambling at https://www.ncpgambling.org/help-treatment/help-by-state/ to find resources to help you in your state;

 

 

 

Marketing Communications from SBIA

 

By providing any personal information, you agree and are giving permission to SBIA and its Affiliated Parties to contact you by means of telephone, e-mail or other sources of marketing, even if your number is found on a do not call registry or listed on an opt-out list pursuant to the CAN-SPAM Act of 2003.

 

 

 

Modifications

 

SBIA reserves the right, at its sole discretion, to modify the Terms of Service at any time. Subsequent changes to the Terms of Service will be indicated at the top of this page with the last revision date. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of these Terms of Service as modified. We recommend that you periodically review the Terms of Service.

 

 

 

Trademark and Copyright

 

Unless otherwise indicated, the SBIA site and its content are the exclusive property of SBIA and are protected by copyright, trademark and other common laws. Except as expressly authorized by SBIA, you agree not to reproduce, republish, distribute, post, copy, adapt, edit, publicly display or otherwise transmit any content, or any derivative works based on the website, services, content, software or functionality, in whole or in part.

 

 

 

Picks Package Payments

 

SBIA provides sports-related information services through one or more picks package plans. Once you purchase a picks package, you gain immediate access to various content and/or services over a specified length of time. If you cancel before the end of your picks package term, SBIA reserves the right, in its sole discretion, to determine whether to (i) suspend or continue your access to your picks package and the associated content and/or services for some or all of the remainder of such picks package term and (ii) issue any or no refund to you (and if any refund is issued, we are not obligated to issue the same or similar refund to you or anyone else in the future).

 

 

 

MONEY BACK GUARANTEE *(See Rules below)

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At the conclusion of any individual or multi-sport picks package term, if SBIA records show the Service has failed to generate a positive net return, the owner of that picks package is eligible to receive either:

 

• A full refund equal to the cost of the picks package or

• A credit equal to the cost of the picks package to apply to a future package.

 

SBIA will retain records of net units won from the Service. Net units won will be determined exclusively by SBIA. The term is initiated on the day of purchase, provided the purchase is made prior to any pick releases for this day, and concludes on the last day of the purchased subscription plan. After purchase of a package, a package terms email will be sent to the client, identifying the dates for which the units for a package will be tracked. This Money-Back Guarantee is activated only at the conclusion of a term, SBIA will not be liable for performance outside the term. In the event of an ongoing subscription a new term will begin on the date of renewal of the subscription.

 

*Rules:

 

• Picks are made & graded against the available line at the time of posting, which will accompany each pick.

• Results are based on the unit size (1, 1.5, or 2) that is posted.

• Spread & Totals picks are graded at the standard -110 price point. For incorrect picks, the units lost are (-1, -1.5, or -2). For correct picks, the net units won are (.91, 1.37, 1.82).

• Moneyline picks are graded at their listed price. For incorrect picks, the units lost are (-1, -1.5, or -2). For correct picks, the net unit won is the unit size multiplied by the odds. **please see examples below.

• Every pick is graded at the posted line no matter what the closing line is.

• SBIA will make results entirely transparent for members & the public alike by reporting performance daily.

 

 Moneyline Examples

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