RodeoStat Terms of Service

IMPORTANT NOTICE

Section 21 contains a binding arbitration agreement and a class action waiver. They affect how disputes between you and us are resolved. Please read Section 21 carefully. You may opt out of arbitration within 30 days of first accepting these Terms by following the instructions in Section 21.9.

Section 18 limits our liability to you. RodeoStat is an informational tool. It is not a system of record for competition results, and it must not be relied upon for official scoring, payout, qualification, or eligibility decisions.

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding contract between you and RodeoStat LLC, a Wisconsin limited liability company ("RodeoStat," "we," "us," or "our").

These Terms govern your access to and use of the RodeoStat websites, applications, APIs, embeds, and related services (collectively, the "Services"), including:

• RodeoStat Announce (desktop, tablet, and mobile)
• RodeoStat Pro Stats (desktop)
• RodeoStat Handsets (Android companion application)
• DTA Builder and DTA Cleaner (web)
• RodeoStat Polls (web)
• RodeoStat API, embeds, and standings widgets
• rodeostat.com and any successor or related sites
• Fan features and any other product we designate as covered by these Terms

By creating an account, clicking to accept, installing or using any Service, or paying any fee, you agree to these Terms. If you do not agree, do not use the Services.

1.1 Additional Terms

Certain Services are governed by additional product-specific terms ("Addenda") available at rodeostat.com/legal. Where an Addendum conflicts with these Terms, the Addendum controls for that Service only. Software you download and install is also governed by the End User License Agreement (EULA) at rodeostat.com/legal/eula.

If you access the Services on behalf of an organization under a signed Master Services Agreement, that agreement controls where it conflicts with these Terms.

1.2 Related Documents

The following are incorporated into these Terms by reference: the Privacy Policy, the Refund and Cancellation Policy, the Cookie Notice, and the DMCA Policy. Acceptable use terms appear in Section 10.

2. Eligibility and Geographic Restrictions

2.1 Age

You must be at least 18 years old to create an account or use the Services. The Services are intended for professional and adult use. We do not knowingly permit account registration by anyone under 18.

Competition data processed through the Services may relate to individuals under 18. That is addressed in Section 13 and in our Privacy Policy and Contestant Notice.

2.2 Authority

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

2.3 Geographic Availability: Authorized Territories Only

The Services are offered exclusively in the following territories (the "Authorized Territories"):

• United States (including its territories and possessions)
• Canada
• Australia
• Mexico
• Brazil

The Services are not offered to, are not directed at, and may not be used by residents of any other country or territory. This includes, without limitation, the European Economic Area, the United Kingdom, Switzerland, the People's Republic of China, the Russian Federation, and India.

We restrict access by geographic location and may verify your location using IP address, billing address, payment method country, app store account region, and your representations at registration.

You represent that you are a resident of, and are accessing the Services from, an Authorized Territory. If you access the Services from outside an Authorized Territory, you do so on your own initiative, in breach of these Terms, and entirely at your own risk. We may suspend or terminate your account without refund. You may not rely on the laws of any non-Authorized Territory against us, and we make no representation that the Services comply with the laws of any such territory.

We may add or remove Authorized Territories at any time on notice.

2.4 Sanctions and Export

You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You will not export or re-export the Services in violation of applicable law.

3. Accounts

3.1 Registration

You must provide accurate, current, and complete information and keep it updated. You are responsible for all activity under your account.

3.2 Credentials and Device Limits

You must keep your credentials confidential and notify us immediately at security@rodeostat.com of any unauthorized use.

Accounts are personal to a single individual and may not be shared. Unless your plan expressly states otherwise, one subscription permits one signed-in device at a time. Concurrent use across multiple devices, or sharing credentials with additional announcers, staff, or organizations, is a material breach and grounds for immediate suspension without refund.

3.3 Organization Accounts

Where we make organizational or seat-based access available, the account administrator is responsible for its authorized users and for their compliance with these Terms.

4. The Services

4.1 Nature of the Services

RodeoStat provides informational, preparatory, and broadcast-support tools. The Services aggregate, normalize, and present competition data from a range of sources.

The Services are not an official record of any association, event, or competition. We are not a sanctioning body, a scoring system, a timing system, or a system of record.

4.2 Changes to the Services

We may modify, add, or discontinue features at any time. If we discontinue a paid feature that is material to your subscription, your sole remedy is a pro-rata refund of prepaid, unused fees attributable to that feature.

4.3 Beta and Preview Features

Features labeled beta, preview, or early access are provided as-is, may be unstable, may be discontinued without notice, and are excluded from any commitment we make elsewhere. Do not use them in a live production environment.

4.4 Offline Functionality

Certain Services operate offline. Data cached on your device may become stale and may not reflect current standings or results. You are responsible for the security of data cached on your devices. On termination, you must delete locally cached RodeoStat data as described in Section 20.

5. Fees, Subscriptions, and Automatic Renewal

5.1 Plans and Pricing

Current pricing is published on the applicable product page. Prices are in U.S. dollars unless stated otherwise.

5.2 AUTOMATIC RENEWAL: PLEASE READ

Subscriptions renew automatically at the end of each billing period until you cancel.

• Monthly plans renew each month at the then-current monthly rate.
• Annual plans renew each year at the then-current annual rate, billed as a single upfront charge.
• We will charge your payment method on file on each renewal date.
• You may cancel at any time through your account settings, without calling, emailing, or speaking to anyone.
• Cancellation takes effect at the end of the current paid period. You retain access until then.
• For annual plans, we will send a renewal reminder to your email on file before each renewal.
• After purchase, we will send an acknowledgment containing the terms of your subscription and instructions for cancellation.

Full details are in the Refund and Cancellation Policy at rodeostat.com/legal/refunds.

5.3 Performance Credits

Certain plans include a stated number of performance credits per billing period. Unless expressly stated otherwise on the product page:

• Included credits are allocated at the start of each billing period.
• Included credits do not roll over and expire at the end of the billing period in which they are allocated.
• Additional performances are purchased at the time you open them, at the price shown in the Services. Credits cannot be purchased in advance or held as a balance.
• Credits have no cash value, are not redeemable for cash, and are non-transferable.
• Charges for additional performances are non-refundable once the performance has been opened, except as required by law or as stated in the Refund and Cancellation Policy.

5.4 Per-Transaction Services

Certain Services (including DTA Builder) are billed per transaction. Fees are disclosed before you submit a transaction.

5.5 Price Changes

We may change pricing. For subscriptions, we will give at least 30 days' notice before a price change takes effect, and the change will apply at your next renewal. If you do not accept the new price, cancel before renewal.

5.6 Payment Processing

Payments are processed by Stripe, Inc. and, for purchases made through mobile app stores, by Apple or Google. Your use of those services is subject to their terms. We do not receive or store your full payment card number.

5.7 App Store Purchases

If you purchase a subscription through the Apple App Store or Google Play, billing, cancellation, and refunds are handled by that store under its policies, not by us. You must manage those subscriptions through your store account. We cannot cancel or refund them.

5.8 Taxes

Stated prices do not include sales, use, value-added, goods and services, or similar taxes. You are responsible for all such taxes other than taxes on our net income. Where we are required to collect tax, it will be added at checkout. If you claim a tax exemption, you must provide a valid exemption certificate before we can honor it.

5.9 Failed Payments

If a charge fails, we may retry, suspend your access, and, after 30 days, terminate your subscription. The 30 days run from the date of the missed payment, not from any later notice or retry. You remain responsible for amounts owed.

5.10 Chargebacks

If you dispute a charge with your bank or card issuer without first contacting us at support@rodeostat.com, we may suspend your account pending resolution. Please contact us first: most disputes are billing errors we can fix immediately.

6. License to You

Subject to these Terms and your payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business or personal use during your subscription term.

This license does not include any right to:

• Resell, sublicense, rent, lease, or provide the Services to third parties as a service bureau
• Redistribute, republish, or make available bulk data, standings, or statistics obtained from the Services except as expressly permitted by an API or Embed Addendum
• Use the Services to build, train, or improve a competing product or dataset

All rights not expressly granted are reserved.

7. Your Content and the License You Grant Us

7.1 What Is "Your Content"

"Your Content" means any data, files, documents, daysheets, results, notes, bios, scripts, images, poll content, or other material you upload, submit, enter, or transmit through the Services.

7.2 You Retain Ownership

As between you and RodeoStat, you retain all ownership rights in Your Content. We claim no ownership of it.

7.3 License to Us

You grant RodeoStat a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, and sublicensable license to host, store, reproduce, modify, adapt, translate, reformat, normalize, index, analyze, aggregate, create derivative works from, publicly display, publicly perform, publish, and distribute Your Content, in whole or in part, in any media now known or later developed, for the purposes of:

• Operating, providing, maintaining, and securing the Services;
• Developing, improving, testing, and training the features, models, algorithms, and matching systems used in the Services;
• Building, correcting, enriching, and maintaining the RodeoStat dataset and canonical athlete, stock, contractor, and event profiles;
• Producing statistics, standings, rankings, indexes, analytics, reports, and other derived outputs; and
• Licensing, distributing, publishing, and otherwise commercializing Derived Data as defined in Section 8.2.

This license survives termination of your account with respect to (a) Your Content already incorporated into the RodeoStat dataset or Derived Data, and (b) archived and backup copies retained under our retention schedule.

7.4 Responsibility for Your Content

You are solely responsible for Your Content. We do not pre-screen it and are not obligated to monitor it, but we may remove or refuse any content at our discretion.

8. Our Intellectual Property and Derived Data

8.1 RodeoStat IP

The Services, including all software, source code, interfaces, designs, text, graphics, logos, documentation, and the selection, coordination, arrangement, structure, and organization of the RodeoStat dataset, are owned by RodeoStat's licensors, including RodeoStat IP Enterprises LLC, an affiliate, or by RodeoStat and are protected by copyright, trademark, trade secret, and other laws.

RodeoStat™ and the RodeoStat logo are trademarks of RodeoStat IP Enterprises LLC, used under license by RodeoStat LLC. You may not use them without our prior written permission.

8.2 Derived Data

"Derived Data" means all data, outputs, and works that RodeoStat generates, computes, calculates, normalizes, matches, merges, ranks, aggregates, or otherwise creates, including:

• Canonical athlete, stock, contractor, and event profiles and the identity-matching that produces them
• Computed standings, rankings, averages, splits, percentages, indexes, and career totals
• Aggregated and statistical datasets
• Analytics, insights, models, and reports
• The methodologies, formulas, weightings, and algorithms used to produce any of the above

RodeoStat exclusively owns all right, title, and interest in Derived Data, including all intellectual property rights in it. Derived Data is ours even where it is computed in part from Your Content. Nothing in this Section transfers your ownership of Your Content itself.

8.3 Feedback

If you send us suggestions, feature requests, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation or compensation to you.

8.4 No Implied Rights

No license or right is granted by implication, estoppel, or otherwise except as expressly stated in these Terms.

9. Data You Provide About Other People

This Section is important. Please read it.

9.1 Your Representations

Much of the data submitted to the Services concerns individuals other than you: contestants, stock contractors, judges, officials, and personnel. By uploading, entering, or transmitting any such data, you represent and warrant that:

a. You have the legal right and all necessary authority, permissions, licenses, and consents to provide that data to us and to grant the license in Section 7.3;

b. Your provision of the data does not violate any contract, association rule, privacy law, publicity right, confidentiality obligation, or third-party right;

c. Where required by law, all necessary notices have been given and consents obtained from the individuals concerned, or from their parent or legal guardian where the individual is a minor; and

d. You have complied with all applicable data protection and privacy laws in collecting and transferring the data.

9.2 Association and Committee Obligations

If you are an association, committee, rodeo, production company, or their representative, you are responsible for providing privacy notices to your contestants and personnel, and for obtaining parental consent where contestants are minors. We publish a Contestant Notice at rodeostat.com/legal/contestant-notice that you may reference, but publishing it does not discharge your obligations.

9.3 Indemnity

You will indemnify us for claims arising from a breach of this Section, as set out in Section 19.

10. Acceptable Use

You will not, and will not permit anyone else to:

Technical and access restrictions

• Scrape, crawl, harvest, spider, or use automated means to extract data from the Services except through an API we authorize in writing
• Circumvent, disable, or interfere with rate limits, authentication, access controls, or security features
• Reverse engineer, decompile, or disassemble the Services, except to the limited extent that applicable law prohibits this restriction
• Share, publish, or expose API keys or embed keys, or permit their use outside authorized domains
• Access the Services to build a competing product or dataset, or to benchmark for a competitor
• Interfere with, overload, or disrupt the Services or their infrastructure
• Introduce malware or any harmful code
• Attempt to access accounts, data, or systems you are not authorized to access

Content and conduct restrictions

• Upload data you lack the right to provide
• Upload unlawful, defamatory, harassing, obscene, or infringing content
• Impersonate any person or misrepresent your affiliation
• Use the Services to harass, stalk, profile, or endanger any contestant, official, or other individual
• Use the Services, or any data obtained from them, to operate, supply, settle, grade, or facilitate any wagering, betting, fantasy, or gambling product, or to place wagers, except under a separate written data license agreement with us
• Misrepresent RodeoStat output as official association results
• Use the Services to violate any law or association rule

Repeat or serious violations will result in termination. We may report unlawful activity to law enforcement.

11. User-Generated Content and Public Features

Where the Services allow you to post polls, comments, or other public content, you are responsible for it and it must comply with Section 10. We may remove any user content for any reason.

We respond to claims of copyright infringement under our DMCA Policy at rodeostat.com/legal/dmca and will terminate repeat infringers.

12. Third-Party Services and Content

The Services may integrate with or link to third-party products, including DakStats and Daktronics software, association websites, and payment and communication providers. We do not control and are not responsible for third-party services or content.

RodeoStat is an independent product. It is not affiliated with, endorsed by, sponsored by, or approved by the PRCA, WPRA, CPRA, NIRA, any other rodeo association, or Daktronics, Inc. All third-party names and marks are the property of their respective owners and are used for identification only.

13. Minors

The Services are for adults. However, competition data processed through the Services may concern individuals under 18, including under 13.

We commit that personal information we identify as relating to a minor will not be:

• Sold, shared, licensed, or otherwise disclosed to any third party for that party's own commercial purposes;
• Used for targeted or behavioral advertising;
• Included in any dataset we license or supply to any wagering, betting, fantasy, or gambling operator or their suppliers, under any circumstances; or
• Used to build marketing profiles.

This commitment is a term of these Terms and is enforceable against us. We maintain technical controls designed to exclude records flagged as relating to a minor from all commercial data pipelines.

13A. Wagering and Betting

13A.1 We Do Not Operate Any Wagering Product

RodeoStat does not operate, offer, accept, facilitate, settle, or grade any wager, bet, pool, fantasy contest, or gambling product of any kind. We do not accept money for wagers, hold stakes, or pay winnings. Nothing in the Services is a gambling product.

13A.2 Data Licensing to Wagering Operators

We may license competition data, statistics, standings, and Derived Data to licensed sports wagering operators, data suppliers, integrity monitors, and fantasy sports operators, subject to Section 13A.3 and the exclusions in Section 13.

Where we do so, we act solely as a supplier of data. We have no involvement in, and no responsibility for, any wager offered, accepted, graded, or settled by any third party.

13A.3 Conditions on Wagering Data Licensing

Any license of data for wagering purposes will:

a. Exclude all records flagged as relating to any person under 18, without exception;
b. Exclude all records for any competition in a youth, junior, high school, college, or amateur division in which participants under 18 compete;
c. Exclude any individual who has opted out of commercial data licensing under our Privacy Policy;
d. Be made only to counterparties that represent they hold all licenses required in each jurisdiction in which they operate;
e. Require the counterparty to comply with all applicable wagering, integrity, and data protection law; and
f. Prohibit onward transfer except as expressly permitted.

13A.4 You May Not Wager Using the Services

You may not use the Services, or any data obtained from them, to place, accept, offer, settle, or facilitate any wager, or to supply data to any wagering operator, except under a separate written data license agreement with us. See Section 10.

13A.5 No Warranty for Wagering Purposes

Data provided through the Services is not certified, official, or suitable for settling wagers. Section 17 applies in full. Any use of RodeoStat data in connection with wagering is at the licensee's sole risk, and Section 18 caps our liability for any resulting claim.

We do not knowingly collect personal information directly from children. If you believe a minor has created an account or that we hold a minor's information you wish to have removed, contact privacy@rodeostat.com.

14. Privacy

Our collection and use of personal information is described in the Privacy Policy at rodeostat.com/legal/privacy. By using the Services, you acknowledge that Policy.

15. Availability and Support

15.1 No Uptime Commitment for Self-Serve Plans

Self-serve Services are provided without any uptime guarantee. We may perform maintenance, and outages may occur without notice.

15.2 Contracted Service Levels

Uptime commitments apply only where expressly stated in a signed agreement or a published Service Level Agreement. Where an SLA applies, service credits are your sole and exclusive remedy for failure to meet it.

15.3 Support

Support is provided on a commercially reasonable-efforts basis through rodeostat.com/contact and support@rodeostat.com. Response times are not guaranteed unless stated in a signed agreement.

16. Suspension

We may suspend or restrict your access immediately, with or without notice, if we reasonably believe you have breached these Terms, your payment has failed, your account presents a security risk, or suspension is required by law. Where practicable, we will notify you and give you an opportunity to cure.

17. DISCLAIMERS

17.1 As-Is

THE SERVICES AND ALL DATA, STATISTICS, STANDINGS, PROFILES, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

17.2 No Warranty of Accuracy: Read Carefully

WE DO NOT WARRANT THAT ANY DATA, STATISTIC, STANDING, TIME, SCORE, PLACING, EARNING, PAIRING, PROFILE, OR OTHER OUTPUT IS ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE.

Data is compiled from multiple sources, including third parties, automated import, optical character recognition, automated identity matching, and manual entry. Errors, omissions, delays, mismatches, and stale data will occur.

THE SERVICES ARE INFORMATIONAL AND PREPARATORY TOOLS ONLY. YOU MUST NOT RELY ON THEM AS THE BASIS FOR:

• Official scoring, timing, judging, or results
• Payout, prize, or purse determination
• Qualification, standings, or eligibility decisions
• Entry, draw, or competition administration
• Any decision with financial, competitive, or legal consequence

You are responsible for independently verifying any information before relying on it, and for confirming official results with the applicable association or event officials.

17.3 No Guarantee of Refresh Frequency

Statements about update or refresh frequency, including nightly updates and processing times, describe our typical practice and are not commitments. Source availability, third-party changes, and technical failures may delay or prevent updates without notice.

17.4 Marketing Materials Are Not Warranties

No statement on our website, in our marketing, in documentation, in FAQs, or made by any representative creates a warranty or modifies these Terms. These Terms and any signed agreement are the complete agreement between us.

17.5 Consumer Rights

Some jurisdictions do not allow the exclusion of certain warranties. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded, including consumer guarantees under the Australian Consumer Law. Where such a guarantee applies and cannot be excluded, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied, to the extent permitted by law.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

18.1 Excluded Damages

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, EARNINGS, PRIZE MONEY, BUSINESS, GOODWILL, DATA, OR OPPORTUNITY, arising out of or relating to the Services, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

This exclusion expressly includes losses arising from inaccurate, incomplete, delayed, or unavailable data, including any claim relating to competition outcomes, placings, qualifications, payouts, or on-air statements.

18.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

18.3 Free Services

FOR SERVICES PROVIDED FREE OF CHARGE, INCLUDING DTA CLEANER AND ANY FREE TIER OR BETA FEATURE, OUR TOTAL LIABILITY WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).

18.4 Basis of the Bargain

These limitations are an essential basis of the bargain between us and apply even if a limited remedy fails of its essential purpose.

18.5 Exceptions

Nothing in this Section limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be limited.

19. Indemnification

You will defend, indemnify, and hold harmless RodeoStat LLC and its parent, affiliates, members, officers, employees, and agents from and against any claim, demand, action, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

a. Your Content, including any claim that it infringes or misappropriates a third party's rights;
b. Any breach of your representations in Section 9, including a claim by or on behalf of any individual whose data you provided;
c. Your breach of these Terms or violation of law;
d. Your use of the Services, including any decision made in reliance on them; and
e. Any claim by a third party arising from your redistribution or publication of data obtained through the Services.

We will notify you of the claim, give you control of the defense (subject to our right to participate with our own counsel at our expense), and reasonably cooperate. You may not settle any claim in a way that imposes obligations on us without our written consent.

20. Term and Termination

20.1 Term

These Terms apply from your first use of the Services until terminated.

20.2 Your Right to Terminate

You may cancel at any time through your account settings. Cancellation takes effect at the end of your current paid period. See the Refund and Cancellation Policy.

20.3 Our Right to Terminate

We may terminate or suspend your access immediately for material breach, non-payment, unlawful use, or if required by law. We may terminate any free or beta Service at any time. We may terminate for convenience on 30 days' notice, with a pro-rata refund of prepaid, unused fees.

20.4 Effect of Termination

On termination: your license under Section 6 ends immediately; you must cease using the Services and delete locally installed and cached RodeoStat data and any data you are not otherwise entitled to retain; and outstanding fees become immediately due.

20.5 Data After Termination

You may export Your Content during your subscription and for 30 days after it ends, using the export features we make available. Where your subscription ends because of a failed payment, the 30 days run from the date of the missed payment. After that period we may delete it in accordance with our retention schedule.

Sections 7.3 and 8.2 survive termination. Your Content already incorporated into the RodeoStat dataset or into Derived Data remains subject to the license you granted. Competition results and Derived Data are retained as described in the Privacy Policy.

20.6 Survival

Sections 5 (accrued fees), 7.3, 8, 9, 10, 13, 17, 18, 19, 20, 21, 22, and 23 survive termination.

21. Dispute Resolution: Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

21.1 Informal Resolution First: Required

Before commencing arbitration or any proceeding, you must first send a written Notice of Dispute to legal@rodeostat.com and to RodeoStat LLC, 4764 W Integrity Way #238, Appleton, WI 54913. The Notice must include your name, the email on your account, a description of the dispute, and the relief sought. We will send a Notice of Dispute to the address on your account.

The parties will attempt in good faith to resolve the dispute for 60 days after the Notice is received. This period is a condition precedent to arbitration. An individualized settlement conference by telephone or videoconference will be held on request of either party. The applicable limitations period is tolled during this period.

21.2 Agreement to Arbitrate

If the dispute is not resolved, you and RodeoStat agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by final and binding individual arbitration, and not in court, except as provided in Sections 21.3 and 21.4.

This agreement is governed by the Federal Arbitration Act.

21.3 Small Claims Exception

Either party may bring an individual claim in small claims court in a court of competent jurisdiction, so long as the claim remains individual and in that forum.

21.4 Injunctive Relief Exception

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, prevent unauthorized access, scraping, or misuse of the Services, or protect confidential information, without first complying with Sections 21.1 or 21.2.

21.5 Arbitration Rules and Forum

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, as modified by these Terms. The arbitration will be conducted by a single arbitrator.

The seat of arbitration is Outagamie County, Wisconsin. Claims under $25,000 will be resolved on documents only or by telephone or videoconference unless the arbitrator orders otherwise. If you are a consumer and an in-person hearing is held, it will be held in the county of your residence or another mutually agreed location.

If you are a consumer and demonstrate that the costs of arbitration would be prohibitive compared to litigation, we will pay as much of your filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

21.6 CLASS ACTION WAIVER

YOU AND RODEOSTAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this Section 21.6 is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the remainder of Section 21 continues to apply.

21.7 Mass Arbitration: Batching

If 25 or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group within a 90-day period, the demands will be resolved in staged batches of no more than 50 at a time.

The parties will cooperate with AAA to: (a) designate each batch; (b) appoint one arbitrator per batch; (c) proceed with one batch at a time; and (d) apply filing and administrative fees on a per-batch, rather than per-case, basis. The limitations period is tolled for all demands in later batches. A court has authority to enforce this Section, including by enjoining the filing or prosecution of demands out of sequence.

21.8 Arbitrator's Authority

The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, and formation of this arbitration agreement, except that a court decides the enforceability of Sections 21.6 and 21.7. The arbitrator may award only individual relief necessary to satisfy the individual claimant's claim.

21.9 30-DAY RIGHT TO OPT OUT

You may opt out of Section 21 (except Section 21.3) by sending written notice within 30 days of first accepting these Terms to legal@rodeostat.com with the subject line "Arbitration Opt-Out," including your name and the email address on your account.

Opting out does not affect any other part of these Terms and will not affect your account or pricing in any way.

21.10 Changes

If we materially change this Section after you accept these Terms, you may reject the change by written notice to legal@rodeostat.com within 30 days, in which case the version in effect when you last accepted continues to govern disputes between us.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Outagamie County, Wisconsin, and waive any objection to that venue.

If you are a consumer resident in Canada, Australia, Mexico, or Brazil, nothing in this Section deprives you of the protection of mandatory consumer-protection provisions of the law of your place of residence.

23. General

23.1 Changes to These Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in-product notice, and will update the "Last Updated" date. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services and cancel. Prior versions are archived at rodeostat.com/legal/archive.

23.2 Entire Agreement

These Terms, together with the documents incorporated by reference and any applicable Addendum or signed agreement, are the entire agreement between you and us and supersede all prior discussions, proposals, and representations.

23.3 Assignment

You may not assign these Terms without our prior written consent. We may assign them, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

23.4 Severability

If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder continues in full force.

23.5 No Waiver

Our failure to enforce any provision is not a waiver of it.

23.6 Force Majeure

Neither party is liable for failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, utility or network failures, third-party service outages, and government action. This does not excuse payment obligations.

23.7 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

23.8 Notices

Notices to you may be sent to the email on your account or posted in the Services. Notices to us must be sent to legal@rodeostat.com and to RodeoStat LLC, 4764 W Integrity Way #238, Appleton, WI 54913.

23.9 U.S. Government Users

The Services are "commercial computer software" under FAR 12.212 and DFARS 227.7202. Government users acquire only the rights granted to other users.

23.10 Headings

Headings are for convenience only and do not affect interpretation.

24. Contact

RodeoStat LLC d/b/a RodeoStat
4764 W Integrity Way #238
Appleton, WI 54913
United States

Registered Agent for Service of Process: Isaiah Thern, W6698 School Rd, Greenville, WI 54942

RodeoStat™ is a trademark of RodeoStat IP Enterprises LLC, used under license. © 2023–2026 RodeoStat IP Enterprises LLC. All rights reserved.