Terms and Conditions

These terms of use are entered into by and between You and Linda Report, LLC (“Linda Report”, “our”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference collectively, these “Terms of Use”, govern your access to and use of any of our apps on which these Terms of Use are posted on www.TheLindaReport.com including any subscriptions, content, functionality, and services offered on or through the same (individually and collectively, the “App”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the App. BY USING THE APP YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

All information that you provide to us or that we collect through your use of the App is governed by our Privacy Policy. By using the App, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all parts of the App.

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Linda Report, its licensors, or other providers of such material (collectively, “Content”). The App and its Content are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The basketball court images were adapted from the work by Clker-Free-Vector-Images on Pixabay, licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license. The original work can be found at https://upload.wikimedia.org/wikipedia/commons/c/cd/NBA_Lakers_Staples_Center.png. The image was modified by removing any logos not located behind the basket and doubling the image to make it a full basketball court. Similar images for all other NBA teams can be found through the same process. The modified NBA court images used in this app are licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license, which allows for copying, distribution, and adaptation of the work as long as appropriate credit is given and any derivative works are shared under the same or compatible license as the original. By using these modified images, you agree to comply with the terms of this license and ensure that any derivative works you create are shared under the same or a compatible license.

These Terms of Use permit you to use the App and its Content for your personal, non-commercial use only. Except as expressly permitted in these Terms of Use, you must not copy, reproduce, download, or store any of the Content, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (3) except for materials owned by third parties (including for example, NBA Content) and except for materials that may be subject to additional or different terms, you may print or download one copy of a reasonable number of pages of the Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App or any Content in breach of the Terms of Use, your right to use the App and Content will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any Content is transferred to you, and all rights not expressly granted are reserved by Linda Report. Any use of the App or any Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The terms Linda Report and all related names, logos, product and service names, designs, and slogans are trademarks of Linda Report or licensors. You must not use such marks without the prior written permission of Linda Report. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners. Please note that certain aspects of Linda Report are not currently licensed, and by using the App, you acknowledge and agree that you do not acquire any rights to trademark such items.

NBA Content and Intellectual Property This App includes proprietary data of NBA Properties, Inc., the National Basketball Association, and its member clubs (the “NBA Content”). The NBA Content may only be used by individual consumers as part of the services offered on our App for purposes authorized by this App. Further reproduction, use, and distribution of such data is not permitted. NBA.com, the NBA logo design, and other NBA-related identifying marks are trademarks of NBA Properties, Inc. The team names, logos, and team-related identifying marks are trademarks of the teams indicated. All rights reserved.

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

The App may allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including without limitation, comments, suggestions, discussion threads, article ideas, guest column submissions, and other materials (collectively, “User Contributions”) on or through the App.

Any User Contribution you post on or through the App will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the App or through an email address that was made available to you on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, copy, reproduce, modify, adapt, publish, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Without limiting the foregoing, you are granting us the right to provide and promote our App and to make your User Contributions available to third parties for distribution, promotion or publication. You shall not be entitled to compensation for such use of your User Contributions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Linda Report, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS THE LINDA REPORT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the App cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our App infringes your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our Copyright Agent that is designated below. It is the policy of Linda Report to terminate the accounts of repeat infringers.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

The information presented on or through the App is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

This App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Linda Report, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Linda Report. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this App from time to time, but its content is not necessarily complete or up to date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

We may make certain subscriptions, products, features, and services available for purchase (“Purchases”) on or through the App. You agree to pay any applicable fees for any Purchases you make, including any applicable taxes. You represent and warrant to Linda Report that any payment information you provide to Linda Report is true and correct and that you are authorized to use such payment method. You agree to promptly update your account information with any changes that may be necessary (for example, a change in your billing address or credit card expiration date).

Subscriptions. We offer digital subscriptions for purchase through our App that will provide you access to certain Content (the “Subscriptions”). When your Subscription terminates, your access to Content obtained through your Subscription may be deleted or disabled so that it is no longer accessible to you. You can find specific details regarding your Subscription by visiting our App and clicking on the "Account" link.

Free Trials and Promotions. We may offer free trials on Subscriptions prior to charging your payment method or other promotions, which are subject to these Terms of Use except as otherwise stated in any additional terms that accompany the promotion. We reserve the right to determine your eligibility for a free trial or other promotion in our sole discretion and we may limit eligibility or duration to prevent abuse of our promotions. We may revoke a promotions and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Subscriptions to determine eligibility. At the end of your promotion, your Subscription will automatically renew and you will be billed at the then-current, non-promotional price, unless you cancel your Subscription prior to the end of your promotion. To view the applicable Subscription fee and end date of your promotion, visit our app and click the "Billing details" link on your "Account" page.

Billing. The fee for your Subscription and any other charges you may incur in connection with your use of the Subscription, such as taxes and possible transaction fees, will be charged to your chosen payment method on the first day of each billing cycle. All Subscriptions are renewed automatically until canceled. Visit our app and click on the "Billing details" link on your "Account" page to see your next payment date.

Updating your Payment Methods. You can update your payment methods by going to your "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any such update, you authorize us to charge the payment method(s) you have provided.

Cancellation. You can cancel your Subscription at any time by going to your “Account” page on our App and following the instructions for cancellation. The cancellation will become effective at the end of your current billing cycle. Accordingly, when you cancel you will continue to have access to your Subscription through the end of your current billing cycle. You will not receive a refund for any Subscription fees already paid. To see when your Subscription will end, click "Billing details" on your "Account" page.

Changes to the Subscription Fees and Subscription Content. We reserve the right to change the terms of your Subscription, including your Subscription fees at any time. Any changes to the terms of your Subscription will take effect following notice to you. We reserve the right to add, remove, or modify the content available through our Subscriptions at any time without notice and make no guarantee as to the type or quantity of content available through our Subscriptions. We reserve the right to change or terminate any offered Subscriptions at any time.

No Refunds. Subscription fees are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Additional terms and conditions may also apply to specific portions, services, or features of the App, including Subscriptions. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. And we are not responsible for the products or services offered by such third parties. If you decide to access any of the third-party apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such apps.

The owner of the App is based in the State of Kentucky in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LINDA REPORT NOR ANY PERSON ASSOCIATED WITH LINDA REPORT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER LINDA REPORT NOR ANYONE ASSOCIATED WITH LINDA REPORT REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, LINDA REPORT 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 PARTICULAR PURPOSE.

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

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LINDA REPORT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Linda Report, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the App.

All matters relating to the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the State of Kentucky or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kentucky in each case located in Jefferson County although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No waiver by Linda Report of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Linda Report to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use (including our Privacy Policy and any other additional terms incorporated by reference) constitute the sole and entire agreement between you and Linda Report regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement section of this Terms of Use, in the manner and by the means set forth in these Terms of Use.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: [email protected]