1) Overview

X-Stream Sports (“we,” “us,” or “our”) provides access to this Fantasy NASCAR website and related tools (the “Service”). By accessing or using the Service, you agree to these Terms & Conditions.

2) Access Fee and No Guaranteed Service

Any fee you pay (including the $5 annual access fee or any other amounts) is for access to the website and its features as they may be available from time to time. The annual fee is for access during the paid term and is not based on actual usage or uptime. Payment does not guarantee uninterrupted availability, specific outcomes, results, winnings, placement, scoring, accuracy, or that the Service will meet your expectations.

The Service may be modified, suspended, or discontinued at any time (in whole or in part), temporarily or permanently, with or without notice.

3) Entertainment Use

The Service is provided for entertainment and informational purposes only. We do not provide legal, financial, or professional advice.

4) No Betting Advice; No Guaranteed Winnings; Assumption of Risk

The Service (including picks, projections, rankings, stats, and any other content) is provided for entertainment and informational purposes only. Nothing in the Service is gambling advice, betting advice, financial advice, or a recommendation to place any wager.

You are solely responsible for your decisions and actions. If you choose to participate in any paid contest, wager, sportsbook activity, or other gambling-related activity, you do so at your own risk and are responsible for complying with all laws and regulations that may apply to you.

No reliance / verify independently: You agree you will not rely on the Service as the sole basis for any decision. You are responsible for independently verifying any information (including schedules, driver status, odds, scoring, and results) before acting.

We do not guarantee any winnings, payouts, prizes, placement, performance, or outcomes of any kind. To the maximum extent permitted by law, we are not liable for any losses or damages arising from your use of the Service, including lost money, lost winnings, lost opportunity, or "lost chance" claims.

5) User Responsibilities

• You are responsible for maintaining the confidentiality of your account and for all activity under your account.
• You agree not to abuse, disrupt, reverse engineer, scrape, or attempt to compromise the Service.
• You are responsible for ensuring your device and internet connection can access the Service.

6) User Content and Conduct

You are solely responsible for any information or content you submit or display through the Service, including usernames, display names, email addresses, profile information, messages, and profile photos (“User Content”). You agree not to submit User Content that is unlawful, deceptive, abusive, defamatory, obscene, threatening, harassing, hateful, or that infringes any third-party rights.

You agree not to impersonate any person or entity, use a misleading identity, or attempt to gain unauthorized access to other accounts. We may remove, edit, or restrict access to User Content (and/or suspend accounts) at any time for any reason, including to enforce these Terms, protect the Service, or comply with law.

You grant X-Stream Sports a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute your User Content solely as necessary to operate, promote, and provide the Service (for example: showing your username/display name and profile photo on leaderboards and league pages).

We are not responsible for User Content provided by you or other users. You understand that User Content may be publicly visible to other users within the context of leagues, leaderboards, and related features.

7) Fees, Renewal, and Refunds

The $5 annual access fee provides access to the Service for a one-year term starting on the date of payment (unless otherwise stated). Fees are charged in advance. Except where required by law, fees are non-refundable and are not prorated for partial terms.

8) Payments, Chargebacks, and Fraud

You agree to provide accurate billing and account information and authorize us (and our payment processors) to charge the applicable fees. We may change fees, pricing, or access terms at any time by posting updated terms in the Service.

Chargebacks / payment disputes: If you initiate a chargeback, payment dispute, or reversal for any fee, we may immediately suspend or terminate your access to the Service (including any related accounts) without notice. If access is reinstated, we may require repayment of the disputed amount and any fees incurred by us (including payment processor fees and administrative costs).

No refunds: Except where required by law, fees are non-refundable and are not prorated. Access may be revoked for nonpayment, chargebacks, suspected fraud, or violations of these Terms.

We reserve the right to investigate suspected fraud, abuse, or unauthorized transactions and to take any action we deem appropriate, including restricting access, cancelling accounts, and cooperating with law enforcement.

9) No Affiliation; Trademarks; No Endorsement

X-Stream Sports is an independent service and is not affiliated with, endorsed by, sponsored by, or officially connected to NASCAR, any race track, any team, any driver, or any related organization.

All trademarks, service marks, logos, and names referenced within the Service are the property of their respective owners. Any use of third-party marks is for identification and informational purposes only.

The Service is provided for entertainment and informational purposes only. We do not represent that the Service is "official" or sanctioned by any league.

10) Eligibility (Age)

You must be at least 18 years old to use the Service.

11) Service Availability; Force Majeure

We do not guarantee that the Service will be available at all times or without interruption. We are not responsible for delays, outages, or failures caused by events beyond our reasonable control, including hosting or ISP issues, third-party services, power failures, equipment failures, acts of nature, labor disputes, or cyberattacks.

12) Intellectual Property

The Service (including the site design, code, text, graphics, logos, and content) is owned by X-Stream Sports or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Service except as expressly permitted by us.

13) Governing Law and Venue

These Terms are governed by the laws of the State of Nebraska, without regard to conflict of law principles. You agree that any dispute arising out of or relating to the Service will be brought exclusively in the state or federal courts located in Nebraska, and you consent to personal jurisdiction in those courts.

14) Dispute Resolution; Arbitration; Class Action Waiver

Informal resolution first: Before filing any claim, you agree to contact us and attempt to resolve the dispute informally.

Arbitration: Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding arbitration on an individual basis and not in court.

No class actions: You agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

If arbitration is not permitted by law for a particular claim, then that claim will be brought exclusively in the state or federal courts located in Nebraska.

15) Account and Data Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to use a strong, unique password and to keep your account information current. You are responsible for your device security (including malware protection) and for controlling access to your email account and devices.

You agree to notify us immediately if you suspect any unauthorized access, loss, theft, or compromise of your account. We may suspend, terminate, or require a password reset for any account we reasonably believe may be compromised.

While we take reasonable steps to help protect the Service, no system is perfectly secure. We do not and cannot guarantee that the Service will be free from unauthorized access, hacking, data loss, malware, denial-of-service attacks, credential stuffing, phishing, interception, or other security incidents. You understand and agree that you use the Service at your own risk.

To the maximum extent permitted by law, X-Stream Sports is not responsible for any unauthorized access to or use of your information, including usernames, email addresses, profile information, payment status, or other data, and is not liable for any damages or losses arising from a security incident, including account compromise, identity exposure, data exposure, service interruption, or loss of access.

Without limiting the above, we are not responsible for losses or damages caused by (i) your failure to safeguard credentials, (ii) phishing or social engineering, (iii) reuse of passwords on other services, (iv) compromise of your email account, (v) malware or unauthorized access on your device, or (vi) actions of third parties outside our control.

If a security incident occurs, we may take steps we deem appropriate to investigate, mitigate, and restore the Service. You acknowledge that incident response, maintenance, and security measures may result in temporary unavailability or changes to the Service.

16) Privacy and Data Handling; Third-Party Providers

You understand that use of the internet involves inherent security risks. While we take reasonable measures to help protect the Service, we do not guarantee that information you submit or transmit will always be secure or confidential.

We may collect and store information you provide (such as usernames, display names, email addresses, profile information, league data, picks, and payment/access status) to operate and improve the Service, prevent abuse, provide support, and enforce these Terms. You agree that we may contact you at the email address associated with your account for service-related messages, including security and account notices.

The Service may rely on third-party providers (for example: hosting, analytics, email delivery, and payment processors) to function. These providers may process data on our behalf according to their own terms and policies. To the maximum extent permitted by law, X-Stream Sports is not responsible for the acts, omissions, outages, or security incidents of third parties.

You are responsible for ensuring your account information (including your email address) is accurate and up to date. We may retain certain data as reasonably necessary for operations, security, dispute resolution, and legal compliance.

17) Accuracy of Data; Third-Party Sources

Driver, race, scoring, standings, schedules, and other data may be sourced from third parties and may be delayed, incomplete, incorrect, or changed without notice. We do not guarantee the accuracy or timeliness of any data.

18) Data Retention; No Backup Guarantee; No Duty to Preserve

You acknowledge that the Service may change over time and that data may be lost, deleted, corrupted, or become unavailable. We do not guarantee that any data (including picks, leagues, standings, profiles, usernames, email addresses, payment/access status, or historical results) will be retained for any period of time.

You are solely responsible for maintaining your own backups and records. To the maximum extent permitted by law, X-Stream Sports has no obligation to store, export, return, or restore any data, and no obligation to provide access to data after suspension, termination, outages, maintenance, security incidents, or feature changes.

We may delete data (including inactive accounts or leagues) at any time in our discretion, subject to applicable law.

19) No Warranties (AS-IS / AS-AVAILABLE)

The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

20) Limitation of Liability

To the maximum extent permitted by law, X-Stream Sports and its owners, operators, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service.

To the maximum extent permitted by law, this limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), and even if we have been advised of the possibility of such damages.

Without limiting the foregoing, we are not liable for any loss of data, loss of access, account compromise, service interruption, loss of profits, lost revenues, lost winnings, lost opportunity, or any indirect, incidental, special, consequential, exemplary, or punitive damages.

To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service will not exceed the amount you paid to access the Service for the then-current term before the event giving rise to the claim.

Release: To the maximum extent permitted by law, you release X-Stream Sports and its owners, operators, affiliates, and agents from any and all claims arising out of or relating to (i) interruptions, delays, bugs, errors, or downtime; (ii) scoring, standings, projections, data accuracy, or content issues; (iii) account suspension/termination, credential resets, or loss of access; (iv) third-party provider failures (including hosting, email delivery, analytics, and payments); and (v) security incidents, unauthorized access, or data exposure.

21) Indemnification

You agree to defend, indemnify, and hold harmless X-Stream Sports and its owners, operators, affiliates, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another.

This includes, without limitation, reasonable attorneys’ fees, expert fees, and costs incurred in investigating or enforcing these Terms, responding to subpoenas or legal process relating to your conduct, and addressing claims arising from your User Content or account activity.

22) Third-Party Links and Services

The Service may contain links to third-party websites or services and may integrate or rely on third-party providers (including hosting, analytics, email delivery, and payment processors). We do not control third parties and are not responsible for their content, policies, availability, security, or practices.

Your use of any third-party website or service is at your own risk and subject to that third party’s terms and policies. Any issues, disputes, charges, outages, or data incidents involving third parties are solely between you and the third party.

23) Time Limit to Bring Claims

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arises; otherwise, the claim is permanently barred.

24) Injunctive Relief; Equitable Relief Limitation

To the maximum extent permitted by law, you agree that your remedies for any dispute arising out of or relating to the Service are limited to monetary damages, if any. You agree you will not seek (and waive any right to) injunctive or other equitable relief that would require us to operate, modify, or continue operating the Service, any feature, or any account.

25) Right to Refuse Service; Suspension; Account Actions

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Service (in whole or in part) at any time, with or without notice, and for any reason or no reason, including (without limitation) suspected abuse, violations of these Terms, suspected fraud, security concerns, operational necessity, or to comply with law.

We may take any action we deem appropriate regarding accounts and activity, including removing or editing content, resetting credentials, requiring verification, limiting features, rate limiting, blocking IP addresses, or disabling accounts.

You acknowledge that we have no obligation to provide the Service (or any specific features) for any particular duration, and that access may be revoked or limited even during a paid term, subject to applicable law.

26) Termination

We may suspend or terminate your access to the Service at any time if we believe you have violated these Terms or if required for security, legal, or operational reasons.

27) Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

28) Electronic Communications; Notices

By using the Service, you consent to receive communications from us electronically (for example: by email, in-app messages, or by posting notices within the Service). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

We may provide notice to you by sending an email to the address associated with your account, by posting a notice in the Service, or by other reasonable means. It is your responsibility to keep your email address current and to monitor your account for notices.

Notices are deemed received when sent (for email) or when posted (for in-Service notices), regardless of whether you actually read them.

29) Copyright; DMCA Policy

We respect intellectual property rights. If you believe that content available through the Service infringes a copyright you own or control, you may send a written notice requesting removal.

Your notice should include: (i) identification of the copyrighted work claimed to be infringed, (ii) identification of the material to be removed and where it is located, (iii) your contact information, (iv) a statement that you have a good-faith belief the use is not authorized, and (v) a statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on the owner’s behalf.

We may remove or disable access to material alleged to be infringing and may terminate accounts of repeat infringers where appropriate. Notices can be sent to the contact email listed below.

30) Miscellaneous (Severability; Entire Agreement; Assignment; No Waiver)

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

Entire agreement: These Terms (together with any policies or rules referenced within the Service) constitute the entire agreement between you and X-Stream Sports regarding the Service and supersede any prior or contemporaneous understandings.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms (in whole or in part) to an affiliate, successor, or in connection with a merger, acquisition, sale of assets, or similar transaction.

No waiver: Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver must be in writing and signed by us.

Headings: Headings are for convenience only and do not affect interpretation.

31) Contact

Questions about these Terms can be sent to info@x-streamsports.com.