Terms & Conditions
Last Edited on 03-27-2017
These Terms and Conditions (hereinafter, this "Agreement" or “Terms & Conditions”) constitute a contract between you and Finish First Fantasy Advisors, a Limited Liability Company (hereinafter "Finish First," "we", "us" or “our”) and govern your use of the website located at https://www.finishfirstfantasy.com and the Services (as defined below). The Site and the Services collectively are referred to herein as the "Finish First Platform” or “The Platform”.
NOTICE: Please take note that the information contained in this site and the advice given by our Freelance Advisors is for entertainment purposes only. Any and all information and/or assertions or offers on this website are not intended for any illegal use or violate any federal or state laws. This is not a gambling site, and therefore does not fall under the rules governing the Wire Act of 1961, Travel Act, Interstate Transportation of Wagering Paraphernalia Act, Illegal Gambling Act, Racketeering Influenced and corruption act, Professional and Amateur Sports Protection Act, Illegal Money Transmitting Act, Unlawful Internet Gambling Enforcement Act. Any assertions, comments, or statements either verbal or in writing concerning the outcomes of any sporting event or an individual's performance in a respective sporting event are meant to be taken as entertainment only and not as fact. Nothing on this site is meant to promote or accept any type of illegal wager and or bet. ALL INFORMATION AND OR RECOMMENDATIONS GIVEN BY OUR FREELANCE ADVISORS IS OPINION AND MAY NOT PROVE TO BE ACCURATE. There is no express or implied guarantee asserted in the predictions of sporting event outcomes or the performance of individual players in said sporting events made by our Freelance Advisors. The site's past performance or the statements of past performance are not to be construed as a guarantee of future results. By using this entertainment website, you understand that legally engaging in sports betting, casino gambling, or any other type of wagering activity always carries the risk of financial loss. This website does not share in any profit, nor is this website’s apparent agents, apparent principals, apparent representatives, service providers, advertisers, actual agents, actual principals, actual representatives, creators or affiliates liable for any losses that may be incurred as a result of the legal use or the legal misuse of any information, recommendations, opinions or statements given. Any assertions, comments, or statements either verbal or in writing concerning the outcomes of a sporting event or performance of an individual player are meant to be taken as entertainment only and not as fact.
This Agreement governs the use of the Finish First Platform by two types of Platform Users:
- Freelance Advisors
which are defined as follows:
- "Freelance Advisors" are individuals who, as independent contractors, use the Finish First Platform to and schedule work with Clients to provide advisory services for fantasy sports. Freelance Advisors are not employees of Finish First, nor does Finish First contract with Freelance Advisors to provide services to Finish First. Freelance Advisors’ use of the Finish First Platform does not limit their ability to provide services for any person or entity.
- "Clients" are entities that contract with Finish First to use the Finish First Platform to identify and schedule Freelance Advisors to provide advisory services for fantasy sports. Finish First does not provide any services to Clients; rather, Clients merely use the Finish First Platform to schedule consultations with Freelance Advisors.
Depending on which of the above Platform-User categories you fall into, certain portions of this Agreement, as designated, apply to you but not to other categories of Platform Users; and certain portions of this Agreement may apply to other categories of Platform Users but not to you.
You are advised that Finish First may amend this Agreement at any time and will be effective upon publication on the Site. Your continued use of the Finish First Platform after the Effective Date of a revised version of this Agreement constitutes your acceptance of all terms including revised terms.
Certain features of the Finish First Platform may be subject to additional terms that will be posted on the Finish First Platform in connection with such features. All such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Services to which the additional terms apply.
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE FINISH FIRST PLATFORM. BY ACCESSING OR USING THE FINISH FIRST PLATFORM, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT); (2) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE FINISH FIRST PLATFORM.
Scheduling & Fees
By scheduling a consultation on our Website, you agree to submitting payment before your appointment is confirmed. Your credit card will be charged as soon as you book your appointment. If you choose to cancel your appointment before a limit of 24 hours prior to said appointment, you will be refunded the full paid fee, minus a 5% convenience charge. If the appointment is cancelled within the 24 hours preceding the appointment time, you will not receive a refund, but may reschedule an appointment at another time, for no additional fee.
Memberships must be paid in full before receiving access to the membership benefits listed on the Website. These benefits may change at any time, without notice; however, members will receive the benefits listed on the Website at the time their membership was purchased. Membership fees are non-refundable except in circumstances where “The Guarantee” (see Guarantees section of Terms & Conditions) is not met. In cases where The Guarantee is not realized, the user will receive a refund of 150 US Dollars (or in the case that a promo code is use, a refund of the full amount paid). Please be aware that memberships for season-long leagues are only applicable to one team and/or league per membership (unless a custom, multi-league membership is ordered).
Playoff Guarantee Insurance
The Playoff Guarantee Insurance fee is non-refundable. Playoff Guarantees are subject to our discretion and are only valid with the purchase of "Playoff Guarantee Insurance". In order for an insured Client to receive a refund of the membership fee the end of the membership term, one of two scenarios must occur:
- The Client does not make the playoffs in their respective season-long league
- The Client does not end up with positive net winnings in Daily Fantasy Sports (What are Daily Fantasy Sports?)
The Client must also adhere to the following conditions in order to receive a "Playoff Guarantee" refund:
- The Client must use The Finish First Platform to schedule and execute all of the available consultations available as part of the “Membership Package”
- The Client must follow the respective advisor’s suggestions to a reasonable degree. This is subject to our discretion.
- The Client must provide reasonable proof that the conditions of The Guarantee were not met. This includes, but is not limited to:
- Screenshots, provided by e-mail, clearly displaying the results in question, which may include:
- Final league standings of The Client’s respective fantasy league
- Transaction history of daily fantasy winnings and/or losses
- Live online meeting with The Client’s responsible Freelance Advisor while using screen sharing functionality, displaying the results in question, which may include:
- Final league standings to the user’s respective fantasy league
- Transaction history of daily fantasy winnings and/or losses
- Screenshots, provided by e-mail, clearly displaying the results in question, which may include:
3. Freelance Advisors
Anyone from the fantasy sports community may apply to Finish First Fantasy Advisors LLC to become a Freelance Advisor by submitting their application via The Platform. Freelance Advisors added to The Platform are completely at our discretion and a Freelance Advisor’s activity on the platform may be suspended at any moment in time, without notice. Freelance Advisors are not employees of Finish First Fantasy Advisors LLC, nor shall they represent themselves in any way as our employees (on social media, television, promotional events, other internet platforms or in any other way). Freelance Advisors are not entitled to employment status or any associated benefits with Finish First Fantasy Advisors LLC.
Clients pay Finish First directly on The Platform. Freelance Advisors will in turn be paid 80% of the Client’s fee once the respective services are performed, except in the case of memberships. Membership fees will be disbursed to Freelance Advisors once the respective membership season ends. In order to receive 80% of the full membership fee (or if a promo code was used, the full amount paid), Freelance Advisors must meet one of the following two performance requirements:
- The Client reaches the playoffs in their respective season-long league
- The Client ends the membership period with net positive winnings in daily fantasy sports.
In the case where the performance requirements are not achieved, Freelance Advisors will not be paid. It is solely the responsibility of the Freelance Advisors to provide evidence that the above-mentioned performance requirements were met.
The remaining 20% of all Client fees will be paid to Finish First for scheduling and organizing consultations with Freelance Advisors on the Finish First Platform, for facilitating the connection between Clients and Freelance Advisors, and for facilitating payment to Freelance Advisors for the services performed. Such fees subject to the terms of this Agreement.
5. Disbursements to Freelance Advisors
Finish First will remit payment funds to Freelancer Advisors consistent with Finish First’s practices. Funds become payable to Freelance Advisors only upon all of the following occurring: (a) Freelance Advisor accepts a consultations or full-season engagement and fully performs requested services; (b) Finish First Fantasy Advisors LLC accepts the Freelance Advisor’s performed services; and (c) The Client remits appropriate payment to Finish First Fantasy Advisors LLC. Payments facilitated by Finish First Fantasy Advisors LLC to Freelance Advisors shall be performed via PayPal only.
All payment information that Freelance Advisors provide in connection with the Services must be accurate, current, and complete. By providing Finish First with your payment information, you agree that Finish First Fantasy Advisors LLC or a third-party-payment service provider is authorized to immediately invoice you for all fees and charges due and payable to Finish First Fantasy Advisors LLC hereunder and that no additional notice or consent is required. You agree to immediately notify Finish First of any change to your payment information. Finish First Fantasy Advisors LLC reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Finish First Platform or by e-mail delivery to you.
Finish First will make all payments to Freelance Advisors relating to, or in any way connected with a consultation or membership through the Finish First Platform. Any action that encourages or solicits complete or partial payment to Freelance Advisors outside of the Finish First Platform is a violation of this Agreement.
For clarity, as a Freelance Advisor you are agreeing to not circumvent the payment-facilitation methods offered by the Finish First Platform for any particular engagement. By way of illustration and not in limitation of the foregoing, as a Freelance Advisor or Client you agree not to:
(a) Submit proposals to, solicit, contract, hire, manage, or pay any Freelance Advisors identified for a particular engagement through the Finish First Platform except through the Finish First Platform for that particular Engagement;
(b) Accept proposals from, contact, deliver services to, invoice, or receive payments from parties identified through the Finish First Platform other than through the Finish First Platform, or otherwise in accord with the ongoing provision of Services through the Finish First Platform; or
(c) Invoice or report an invoice or payment amount lower than that actually agreed between the Client and First Fantasy through the Finish First Platform for that particular service.
AS A FINISH FIRST’S CLIENT OR FREELANCE ADVISOR, YOU AGREE THAT YOU WILL NOTIFY US IMMEDIATELY IF ANOTHER PERSON IMPROPERLY CONTACTS YOU OR SUGGESTS MAKING OR RECEIVING PAYMENTS OUTSIDE OF THE FINISH FIRST PLATFORM. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to Finish First Fantasy Advisors LLC by sending an email message to: email@example.com
7. Taxes; Tax Reporting
As a Freelancer Advisor, you will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless Finish First Fantasy Advisors LLC and its third-party payment service provider from any and all taxes, including sales tax, based on any payments made or received by you in connection with the Services. Any taxes imposed on payments will be your sole responsibility. Upon our request, you will provide Finish First Fantasy Advisors LLC with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
Finish First Fantasy Advisors LLC is NOT responsible to pay any taxes associated with the Freelance Advisor’s performance including all sales and use taxes and to file appropriate forms with the appropriate taxing authorities (e.g. IRS Form 1099). Freelance Advisors are independent contractors and are not employees of Finish First Fantasy Advisors LLC or it’s clients.
8. Payment Methods
Clients may pay by credit card only on the Finish First Platform when booking a consultation with a Freelance Advisor or purchasing a membership. Clients are charged immediately when booking a consultation.
Unless otherwise agreed between Finish First and the Freelance Advisor, all Finish First payments to Freelance Advisors shall be made via PayPal only.
9. Promotional Codes
Finish First may, in its sole discretion, create promotional codes that may be redeemed for credit, subject to terms that Finish First establishes on a per-promotional-code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Finish First; (iii) may be disabled by Finish First at any time for any reason without liability to Finish First; (iv) may only be used under the specific terms that Finish First establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire before your use. Finish First reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Finish First determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms, or this Agreement.
10. Third-Party Websites
The Finish First Platform may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Finish First has no control over such sites and resources and Finish First is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Finish First will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Finish First Platform are between you and the third party, and you agree that Finish First is not liable for any loss or claim that you may have against any such third party.
11. Social-Networking Services
Finish is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social-Networking Services. As such, Finish First is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social-Networking Services. Finish First enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Any information provided on the Website is for general information purposes only. We try to ensure that all information provided on the Website is as accurate as possible and that information is correct (to the best of our knowledge) at the time of posting onto the Website and is reviewed regularly. However, to the fullest extent permitted by law, we do not warrant that any information available on the Website is accurate, complete, reliable, current, or error-free.
13. Your Information
If you use the Website, you are responsible for ensuring the information provided in the registration form is true, accurate and complete. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
We welcome enquiries or feedback on the services you use or might like to use, however it is our policy to decline unsolicited suggestions and ideas.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
15. Representation and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ANY INFORMATION OR SERVICES PROVIDED ON THE WEBSITE.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF MONEY AND LOSS OF SOFTWARE OR DATA, RESULTING FROM OR ARISING OUT OF THE MATTER SET OUT HEREIN, WHETHER A CLAIM FOR SUCH DAMAGE IS BASED UPON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
17.1 Entire Agreement
This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including but not limited to" or "including without limitation."
17.2 Side Agreements
The terms and conditions of this Agreement will govern and supersede any term or condition in a side agreement between a Client and a Freelance Advisor and no such agreement that purports to expand Finish First’s obligations or restrict Finish First’s rights under this Agreement shall alter the terms and conditions set forth in this Agreement without Finish First’s written consent.
You will not violate any laws or third-party rights on or related to the Finish First Platform. Without limiting the generality of the foregoing, you agree to comply with all applicable import- and export-control laws and third parties' Proprietary Rights. The transmission of applicable data, if any, is subject to United States export controls. Using the Finish First Platform is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Finish First Platform, including as it concerns online conduct and acceptable content.
17.4 Notices; Consent to Electronic Notice
You consent to the use of: (a) electronic means to complete this Agreement and to deliver any notices under this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Finish First’s Platform. Notices hereunder will be invalid unless made in writing and given: (a) by Finish First via email (in each case to the email address that you provide); (b) a posting on the Finish First Platform; or (c) by you via email to firstname.lastname@example.org, or to such other addresses as FinishFirst may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
No modification or amendment to this Agreement will be binding upon Finish First unless in a written instrument signed by a duly authorized representative of Finish First. For the purposes of this Section 10.5, a written instrument will expressly exclude electronic communications such as email and electronic notices.
17.6 No Waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
You may not assign this Agreement, or any of its rights or obligations hereunder, without Finish First’s prior written consent in the form of a written instrument signed by a duly authorized representative of Finish First (and, for the purposes of this Section, a written instrument will expressly exclude electronic communications such as email and electronic notices) Finish First may freely assign this Agreement without your consent. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
17.9 Prevailing Language
The English language version of this Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.
17.10 Intellectual Property
Copyright © 2016 Finish First. All rights reserved. All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is our property. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are our registered and unregistered marks. All Trademarks not owned by us that appear on the Website are the property of their respective owners.
Neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
17.11 Force Majeure
Finish First shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
18. Notice for California Users
Under California Civil Code Section 1789.3, users of the Finish First Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Contact Information
Finish First’s contact information for any questions, complaints, or claims with respect to the Finish First Platform is: email@example.com
This Agreement subject to occasional revision. Changes to this Agreement will be posted in the Terms & Conditions on the Website. After we make the change and we will change the "Last Updated" date above. These changes will be effective immediately. Continued use of Finish First Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.