Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the website located at capperindex.com and any related subdomains, pages, features, and subscription services (collectively, the “Service”), operated by CapperIndex.com (“CapperIndex,” “we,” “us,” or “our”).

By accessing, browsing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Please read Section 16 carefully. It contains a binding arbitration agreement, a class action waiver, and other important provisions governing how disputes between you and CapperIndex will be resolved. Section 16 also explains how to opt out of arbitration within thirty (30) days of first accepting these Terms.

1. Eligibility

You must be at least 21 years of age (or the age of majority in your jurisdiction, whichever is higher) to use the Service. By using the Service you represent and warrant that (a) you meet this age requirement, (b) you have the legal capacity to enter into a binding contract, and (c) your use of the Service does not violate any applicable law in the jurisdiction where you access it. You are solely responsible for compliance with local law, including any laws governing sports wagering and sports-information services.

2. Geographic Restrictions

The Service is offered from and operated within the United States. We make no representation that the Service is appropriate or available in any other jurisdiction, and access from territories, states, or countries where its content or availability is prohibited or restricted by law is not authorized. We reserve the right, at our sole discretion and without notice, to limit or terminate the availability of the Service, or any feature of it, to any person, geographic area, or jurisdiction — including by blocking access based on IP address or other identifying information — to comply with applicable law.

3. Nature of the Service

CapperIndex is a content and performance-tracking service. We collect, verify, timestamp, rank, and publish the picks of sports handicappers and personas (collectively, “Cappers”) participating on the Service. The roster of Cappers is curated by CapperIndex; each Capper is identified on the Service by a distinct handle, and the methodology by which their picks are timestamped, graded, and ranked is described on the Service and may change over time. We reserve the right, in our sole discretion, to add, remove, suspend, or modify any Capper tracked on the Service at any time.

We do not accept wagers. We do not operate a sportsbook or book of any kind. We do not place bets on your behalf. We do not sell picks as individual tips or on a per-pick basis. Nothing on the Service constitutes an offer, solicitation, or recommendation to place a wager.

All content on the Service, including published picks, rankings, and editorial commentary, is provided for entertainment and informational purposes only. It is not financial, investment, tax, or legal advice.

4. Accounts

Some features of the Service require registration. You agree to provide accurate, current, and complete information when creating an account, and to update that information as needed. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly at admin@capperindex.com of any unauthorized use of your account.

5. Fees, Renewals, and Cancellation

Subscription fees and billing terms are disclosed at checkout. Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected at checkout) at the then-current rate, until you cancel.

How to cancel. You may cancel your subscription at any time by visiting the billing portal linked from your account dashboard, or by writing to us at admin@capperindex.com. Cancellation takes effect at the end of your current billing period; you will retain access through that period and will not be charged again unless you re-subscribe. No action is required from us to honor a timely cancellation.

Refunds. Subscription fees are non-refundable except as required by applicable law, including the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17602 et seq.) and comparable laws in other jurisdictions. Because content delivered during a billing period is time-sensitive and cannot be “returned,” we do not pro-rate refunds for partial periods. If you believe you were charged in error — a duplicate billing, a renewal after a timely cancellation, or an unauthorized charge — contact us at admin@capperindex.com and we will review the charge in good faith.

Payment processor. Payments are processed by Stripe, Inc. By providing payment information you agree to Stripe’s terms. We do not store full payment card numbers on our servers.

6. Acceptable Use

You agree not to:

• Resell, redistribute, scrape, or republish picks, rankings, or other content obtained through a subscription.
• Share your account credentials with, or grant subscription access to, anyone other than yourself.
• Use automated means to access the Service except through an interface we explicitly provide for that purpose.
• Reverse-engineer, decompile, or circumvent any access control or rate limit on the Service.
• Use the Service to harass, defame, or threaten any Capper, user, or third party.
• Use the Service in any manner that violates any applicable law or regulation, or to facilitate any illegal activity.

Violations may result in suspension or termination of your account without refund, at our sole discretion.

7. Intellectual Property

The Service, including its text, graphics, logos, ranking methodology, composite scoring algorithm, and aggregated data, is owned by CapperIndex or its licensors and is protected by copyright, trademark, and other intellectual-property laws. Picks and other content contributed to the Service are licensed to us for publication, display, and analysis within the Service.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. No other rights are granted by implication, estoppel, or otherwise.

8. Copyright Notices (DMCA)

CapperIndex respects the intellectual-property rights of others. If you believe that material on the Service infringes your copyright, please send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated copyright agent:

Copyright Agent · CapperIndex
Email: admin@capperindex.com
Subject line: “DMCA Notice”

Your notice must include:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material claimed to be infringing, with sufficient detail to allow us to locate it on the Service.
• Your contact information (mailing address, telephone number, and email).
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

We may terminate the accounts of users who are determined, in our sole discretion, to be repeat infringers.

9. Responsible Gaming

Sports wagering can be addictive. CapperIndex encourages all users to wager only what they can afford to lose, to set time and money limits before engaging in any wagering activity, and to seek help if they or someone they know may have a gambling problem. Free, confidential help is available 24 hours a day from the National Problem Gambling Helpline at 1-800-GAMBLER or online at ncpgambling.org. California residents may also contact the California Council on Problem Gambling at 1-800-426-2537.

Self-exclusion. If you wish to self-exclude from the Service, contact us at admin@capperindex.com with the subject line “Self-Exclusion.” We will close your account and, as a good-faith exception to our general refund policy in Section 5, refund any unused portion of a pre-paid annual subscription.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Without limiting the foregoing, we do not warrant that:

• Any pick, ranking, or other content on the Service is accurate, complete, or free from error.
• Any Capper ranked on the Service will achieve any particular result in any period.
• The Service will be uninterrupted, secure, or available at any specific time.

Sports wagering carries a high risk of loss. Most people who wager on sports lose money over time. No pick, ranking, or recommendation provided through the Service guarantees any outcome.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPPERINDEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR WAGERING LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

12. Indemnification

You agree to defend, indemnify, and hold harmless CapperIndex and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any law or any right of a third party.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or if continued access poses a legal or operational risk to the Service or its users. Upon termination, your right to use the Service ends immediately.

Survival. The following Sections survive termination: Section 6 (Acceptable Use), Section 7 (Intellectual Property), Section 10 (Disclaimers), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 16 (Governing Law; Arbitration; Class Action Waiver), and Section 17 (Miscellaneous), along with any other provision that by its nature should survive.

You may terminate your account at any time by cancelling your subscription and closing your account through the billing portal or by writing to us at admin@capperindex.com.

14. Changes to the Terms

We may update these Terms from time to time. If we make a material change, we will notify you by posting the updated Terms on the Service and, where appropriate, by email or in-product notice. The “Effective” date at the top of these Terms indicates when the most recent changes took effect. Continued use of the Service after an update constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription.

15. Electronic Communications

By creating an account or using the Service, you consent to receive communications from us electronically. We may communicate with you by email, by posting notices on the Service, or through in-product messaging. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, including under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and any comparable state laws.

16. Governing Law; Arbitration; Class Action Waiver

Governing Law. These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal Resolution. You agree that any dispute arising out of or relating to these Terms or the Service shall first be raised with us informally by sending written notice to admin@capperindex.com with a description of the dispute and the relief requested. We will attempt in good faith to resolve the dispute informally within thirty (30) days of our receipt of your notice.

Binding Arbitration. If the dispute is not resolved informally within thirty (30) days, it shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitration shall be conducted by a single arbitrator and shall take place in Los Angeles County, California, or by video conference at either party’s election. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction for intellectual-property, account-security, or confidentiality matters, pending resolution of the underlying dispute in arbitration.

Class Action Waiver. You and CapperIndex each agree that any dispute will be resolved only on an individual basis. You and we each waive any right to bring or participate in a class, collective, representative, or consolidated action, including in arbitration. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. If a court or arbitrator finds the class action waiver in this Section unenforceable with respect to any claim or request for relief, that claim or request shall be severed from the arbitration and brought in a court of competent jurisdiction in Los Angeles County, California; the remainder of this Section shall remain in full force.

Mass Arbitration. If twenty-five (25) or more similar demands for arbitration are filed against us by or with the assistance of the same counsel or a coordinated group of counsel, the parties agree that the arbitrations shall proceed in sequential batches of no more than twenty-five (25) representative claims each, and that the results of each batch may inform the resolution of subsequent batches. The parties may, by mutual agreement, attempt to resolve any such batch through mediation prior to proceeding to arbitration.

Opt-Out. You may opt out of this arbitration provision (including the class action waiver) by sending written notice to admin@capperindex.com with the subject line “Arbitration Opt-Out” within thirty (30) days of the date you first accepted these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Exclusive Jurisdiction. For any claim not subject to arbitration (including any claim by a user who has validly opted out), the state and federal courts located in Los Angeles County, California shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts.

17. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and CapperIndex regarding the Service and supersede any prior or contemporaneous agreements on the same subject.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. A waiver is effective only if it is in writing and signed by an authorized representative of CapperIndex.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this provision is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and CapperIndex.

Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, governmental action, internet or power outages, or cyberattacks.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

18. Contact

Questions about these Terms? Write to admin@capperindex.com.