BallLogo

Terms Of Use

These Terms of Use (hereafter referred to as the ‘ToU’) constitute and govern the relationship between ‘Provider’ (defined below) and all parties who access the Website and/or App (defined hereunder) and make use of its features and contents in any manner (hereafter referred to as ‘Visitors’).

Collectively the Provider and the Visitors shall be referred to as the ‘Parties’.

Access to Analysis from Eleven Stats

Eleven Stats allows Users who comply with the Terms and Conditions to access for the sole purposes of viewing Analysis from it for a specified period of time.

No Services, Endorsement Or Professional Consultation

There may be delays, omissions or inaccuracies in information obtained through your use of this Website. The information on the Website is provided to you with the understanding that provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Website should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Eleven Stats does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Website, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Eleven Stats does not grant any license or other authorization to you to use this Website in any manner if such use in whole or in part suggests that Eleven Stats promotes or endorses a specific football team(s).

License and Permitted Use

In consideration for the payment of the relevant Subscription Fee (free or paid), we hereby grant you a non-exclusive, non-assignable, non-transferable, non-sublicensable licence to use:

the Eleven Stats for the purposes of carrying out (or enabling coaches or players in teams associated with your User Account(s) to carry out) real-time and post-game performance analysis for a sports team or individual player within the relevant team.

You may authorize coaches and/or players in teams associated with your club(s) (any such users,Permitted Users) to access the Services through your User Account(s) subject to the following provisions:

any such use shall be solely and strictly for the purposes of carrying out real-time and post-game performance analysis of the relevant team and players.

you shall be responsible for any acts and/or omissions of any such Permitted Users which, if carried out by you, would amount to a breach of this Agreement;

the number of Permitted Users shall be limited to the maximum number of users agreed between you and us when you purchased your User Licence; and

you acknowledge and agree that we reserve the right to block a Permitted User's access to the Services if we believe they have acted in breach of our Terms and Conditions, which is accessible here.

Pricing

Eleven Stats offers both paid and free Services where head-to-head stats shall be free, and the individual player analysis shall be paid.

Your total price for Products will include the price of the Services in your subscription order plus any applicable sales tax and shipping charges, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for Services you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Service/subscription is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card in the amount of the incorrect price paid.

Payment

Terms: For all orders, Eleven Stats calculates and charges tax in accordance with applicable laws. By providing a credit card or other payment method accepted by Eleven Stats, you represent and warrant that you are authorized to use the designated payment method and that youauthorize us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment problem encountered in order to proceed with your order.

Billing: We use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout or linked to your Account. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms, and you authorize us, through a Payment Processor, to charge your chosen Payment Method (“Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that a Payment Processor or we make even if a Payment Processor or we have already requested or received payment.

Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order and/or on your Account upon demand.

Exclusion of Warranties

The material and information displayed on our Website are provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and our affiliates hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and:

any loss incurred in transmitting information to our Website;

any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data

the accuracy of any information provided;

any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of data

loss of business;

loss of profits or contracts;

loss of goodwill;

wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

General

Eleven Stats Services rely on or interoperate with third-party services. These third-party products and services are beyond Eleven Stats's control, but their operation may impact or be impacted by the use and reliability of the Eleven Stats Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Eleven Stats Services operate, and (iii) Eleven Stats is not responsible for damages and losses due to the operation of these third-party products and services.

Eleven Stats does not control and is not responsible for e-mails sent from outside Eleven Stats's domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is inaccurate or otherwise misleading. You acknowledge and agree that you are responsible and bear all risks associated with the use of our Services and that under no circumstances will Eleven Stats be liable in any way for any loss or damage of any kind incurred as a result of the of our Services.

You agree to release Eleven Stats, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the product or the Services or object to any Content, your sole remedy is to cease using them.

Electronic Communications

When you send an e-mail or chat electronically with Eleven Stats, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Eleven Stats provides to you electronically satisfy legal requirements that such communications be in writing.

Use Of The Services

You will not prepare the replica of our product and or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the product and Content, except as expressly permitted by Eleven Stats or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Eleven Stats will not be liable on account of any inaccuracy of information on this Website. It is the responsibility of the visitor to further research the information on the Website. The User undertakes not to duplicate, download, publish, modify and distribute the material on Eleven Stats unless specifically authorized by Eleven Stats in this regard

Third-Party Links, Content And Services

Any and all contents and services (including advertising) within Eleven Stats that are not owned by Eleven Stats are "third-party content and services." Eleven Stats acts merely as an intermediary service provider of, and accepts no responsibility or liability for third-party Content.

Ownership and Intellectual Property

The Website and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Eleven Stats and its licensors. Eleven Stats and its licensors reserve all rights in and to the Website not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to Eleven Stats with respect to the Website shall be Eleven Stats' property. Eleven Stats may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.

This Website, our product and all other Content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada. 

You acknowledge and agree that Eleven Stats owns, controls or is licensed all legal rights, titles and interests in and related to the Product and Website, including all intellectual property rights. You may not:

modify or copy the idea of trade, layout or appearance of the Product and Website or any computer software or code contained in the Website; and/or

decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at [email protected]

You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Websites, Web Apps, and Mobile Apps) are owned by Eleven Stats or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Eleven Stats and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold,under these Terms.

You may not use the Content of the Services in any other public or commercial way, nor may you copy or incorporate any of the Content of the Services into any other work without the written consent of Eleven Stats. You must have a license from us before you can post or redistribute any portion of the Services.

Limitation of Liability

IN NO EVENT SHALL ELEVEN STATS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE(INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEVEN STATS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ELEVEN STATS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY ELEVEN STATS FROM ITS FACILITIES IN CANADA AND USA. ELEVEN STATS MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

ELEVEN STATS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELEVEN STATS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ELEVEN STATS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF ELEVEN STATS OR GROSS NEGLIGENCE OF ELEVEN STATS IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.

Disclaimer of Warranties

YOUR USE OF OUR SERVICES, WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ELEVEN STATS NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER ELEVEN STATS NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF ELEVEN STATS. AND ELEVEN STATS CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

THE WEBSITE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Termination

Eleven Stats reserves the right, in its sole discretion to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein or if you otherwise create risk or possible legal exposure for us.

Entire Agreement/ Severability

These Terms and Conditions constitute the entire Agreement between You and Eleven Stats, in relation to Your use of our Product, Website and/ or the Services and supersedes any prior representations or agreements relating to its subject matter. You agree that these Terms and Conditions are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. These Terms and Conditions, including all terms and policies referenced herein, contain the entire understanding and supersede all prior agreements, between you and Eleven Stats relating to this subject matter, and cannot be changed or terminated orally.

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Eleven Stats, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by our respective successors and us and assigns.

Non-waiver

Failure by either Eleven Stats or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to defend, indemnify and hold harmless Eleven Stats and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms and Conditions for which you are responsible or in connection with your transmission of any content to, on or through our Website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Force Majeure

Eleven Stats shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

Governing Law And Arbitration

Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: (i) the Service shall be deemed solely based in Ontario and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ontario or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.

Arbitration Procedures:

In the event parties are interested to use Arbitration for any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by Arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The Arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.

Discovery.  Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator's appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence.

Communications with the Arbitrator.  Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or e-mails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or e-mail. Ex parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the Arbitration (whether in documents or orally) may not be used or disclosed except in connection with the Arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at [email protected]

Was this helpful?

How do you rate us?

angery
sad
normal
good
love