Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Viking Software LLC, doing business as Madden Tools ("Madden Tools", "we", "us", or "our"), concerning your access to and use of the https://madden.tools website and the tools, content, and services we offer through it (collectively, the "Services"). By accessing or using the Services, you agree that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with all of these Terms of Service, you must not use the Services.

We may revise these Terms of Service from time to time. We will alert you to changes by updating the "Last updated" date above. Your continued use of the Services after revised Terms are posted constitutes your acceptance of the revised Terms.

The Services are intended for users who are at least 13 years of age. Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, a parent or guardian to use the Services, and the parent or guardian must read and agree to these Terms of Service before the minor uses the Services.

Our Privacy Policy, available at https://madden.tools/policies/privacy, describes how we handle your information and is incorporated into these Terms of Service by reference.

2. Our Services

Madden Tools provides web-based companion tools and reference content for players of the Madden NFL video game series, including draft boards, draft recommendations, playbook tools, franchise league tools, player ratings and analytics, guides, and articles. Some features are free; others require a paid product pass or league purchase as described in Section 5.

Madden Tools is an independent product. It is not affiliated with, endorsed by, sponsored by, or approved by Electronic Arts Inc. or the National Football League. Madden NFL is a trademark of Electronic Arts Inc. NFL team names, logos, and related marks are trademarks of the National Football League and its member clubs. All such trademarks remain the property of their respective owners, and references to them on the Services are for identification and informational purposes only.

Player ratings, game data, recommendations, and other content on the Services are provided for informational and entertainment purposes. Game data may change as the underlying game is updated, and we do not guarantee that any data, rating, or recommendation is accurate, complete, or current.

3. Intellectual Property Rights

Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, website designs, text, and graphics on the Services (collectively, the "Content"), and the Madden Tools trademarks, service marks, and logos (the "Marks"), are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.

Provided that you are eligible to use the Services, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Services, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. Except as expressly provided, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. We reserve all rights not expressly granted to you.

If you send us questions, comments, suggestions, ideas, or other feedback about the Services, you agree that we may use that feedback for any lawful purpose without acknowledgment or compensation to you.

4. Accounts and User Representations

Some features of the Services require an account. You may register using an email address or a supported third-party sign-in option. You agree to keep your sign-in credentials confidential and you are responsible for all activity on your account. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that it is inappropriate or otherwise objectionable.

By using the Services, you represent and warrant that:

• all registration information you submit is true, accurate, current, and complete, and you will keep it that way;
• you have the legal capacity to agree to these Terms of Service, and you agree to comply with them;
• you are at least 13 years of age, and if you are a minor you have parental permission to use the Services;
• you will not access the Services through automated or non-human means except as we expressly permit; and
• you will not use the Services for any illegal or unauthorized purpose, and your use will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

5. Purchases and Payment

Paid access to the Services is sold as one-time purchases, including product passes for individual product families (such as our fantasy, playbook, team, and franchise tools) at the tier you select, and per-league purchases for our franchise league tool. Each purchase applies to the specific Madden title year for which it is sold. When a new edition of the game releases, access for that new title year requires a new purchase. We do not sell auto-renewing subscriptions, and we will not charge your payment method on a recurring basis. Because nothing recurs, there is no subscription to cancel: your access to what you bought lasts for that title’s coverage period.

Payments are processed by Stripe, our third-party payment processor. We accept the payment methods Stripe supports at checkout. All prices are in U.S. dollars. Sales tax will be added where we are required to collect it. You agree to provide current, complete, and accurate purchase information and you authorize the charge for your purchase at the price in effect at checkout.

We may change prices at any time; price changes do not affect purchases you have already completed. We reserve the right to correct pricing errors, even if we have already requested or received payment, and to refuse any order.

6. Refunds

Because purchases grant immediate access to digital content, all purchases are final and non-refundable except where a refund is required by applicable law. If something is wrong with your purchase, or you are unsatisfied with the Services, contact us at [email protected] and we will work with you in good faith.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:

• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• scrape, crawl, or harvest content from the Services by automated means, or use content from the Services to train or improve any machine-learning model, without written permission from us;
• circumvent, disable, or otherwise interfere with security-related features of the Services, including features that enforce access limits on paid content;
• share, resell, or otherwise make paid content or your account available to others who have not purchased access;
• trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information;
• use the Services to harass, abuse, or harm another person;
• upload or transmit viruses or other malicious material, or interfere with, disrupt, or create an undue burden on the Services or connected networks;
• attempt to impersonate another user or person;
• copy or adapt the software of the Services, or decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services, except as permitted by applicable law;
• use the Services as part of any effort to compete with us; or
• use the Services in a manner inconsistent with any applicable law or regulation.

8. User Content

Certain features let you create or submit content, such as saved playbooks, league names and settings, and data you import into the franchise league tool (collectively, "User Content"). You retain ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your User Content as needed to operate, provide, and improve the Services, including displaying league content to the other members of your league.

You are solely responsible for your User Content. You represent and warrant that your User Content does not infringe the rights of any third party and does not violate any applicable law. We may remove or disable User Content that we reasonably believe violates these Terms of Service.

9. Marketing and Electronic Communications

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Services, satisfy any legal requirement that such communication be in writing.

As part of operating the Services we send transactional and service emails, such as purchase receipts, account notices, and league notifications. These are part of the Services and are sent to all account holders.

By creating an account, you agree that we may also send you marketing and promotional emails about Madden Tools products, features, offers, and content. You can opt out of marketing emails at any time by using the unsubscribe link included in every marketing email or by contacting us at [email protected]. Opting out of marketing emails does not affect transactional and service emails, which we will continue to send as part of the Services.

10. Third-Party Services and Websites

The Services rely on third-party providers, including our authentication provider and our payment processor, and may contain links to third-party websites or content. Your use of a third-party service is governed by that provider’s own terms and privacy policy, and we are not responsible for the content, accuracy, or practices of any third party. Inclusion of a link does not imply our endorsement.

11. Site Management

We reserve the right, but not the obligation, to monitor the Services for violations of these Terms of Service; take appropriate legal action against anyone who violates the law or these Terms; refuse, restrict access to, or disable any of your User Content to the extent technologically feasible; remove files and content that are excessive in size or burdensome to our systems; and otherwise manage the Services in a manner designed to protect our rights and property and to facilitate their proper functioning.

12. Term and Termination

These Terms of Service remain in effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME.

If we terminate or suspend your account for cause, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason at our sole discretion without notice, and to modify or discontinue all or part of the Services without notice. We cannot guarantee the Services will be available at all times; we may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

14. Governing Law

These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

15. Dispute Resolution

Informal Negotiations First

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service or the Services (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice: to us, by email to [email protected] describing the Dispute and the relief you seek; to you, by email to the address associated with your account.

Small Claims Option

Either party may bring an individual claim in small claims court in a court of competent jurisdiction instead of arbitration, so long as the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction.

Binding Arbitration

If a Dispute is not resolved through informal negotiations and is not brought in small claims court, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation shall be governed by, and where appropriate limited by, the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of New York. Either party may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Restrictions

You and we agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to the provisions above concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, a party’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If a Dispute proceeds in court rather than arbitration, it shall be commenced in the state and federal courts located in the State of New York, and the parties consent to the personal jurisdiction of those courts. In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

16. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING PLAYER RATINGS, GAME DATA, AND RECOMMENDATIONS, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, OR (4) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.

17. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including intellectual property rights; or (5) your User Content.

19. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing their performance, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

20. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

21. Miscellaneous

These Terms of Service and any policies posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or your use of the Services.

22. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding their use, contact us at [email protected].