Terms of Service

1. Acceptance of Terms

By accessing or using PardonMyBalls.com (the “Service”), operated by dech, LLC (“we,” “us,” or “the Operator”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. Creating an account constitutes acceptance of these Terms in their entirety.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is not directed at individuals under the age of 13 (or under 16 in the European Union).

3. Independent Fan Project

PardonMyBalls.com is an independently operated fan project. We are NOT affiliated with, endorsed by, or sponsored by Barstool Sports, Inc., the Pardon My Take podcast, or any of their hosts, employees, or affiliates. “Pardon My Take” and all related names, likenesses, and trademarks are the property of their respective owners. Any references to the podcast, its hosts, or its content are made solely for informational and entertainment purposes related to publicly available podcast content.

The Operator reserves the right to modify or remove any content referencing third-party intellectual property upon request from the rights holder.

4. Account Registration & Security

To use certain features of the Service, you must create an account by signing in with Google (OAuth 2.0). When you authenticate through Google, Google shares your email address and profile picture URL with us. We do not receive or store your Google password, and we do not access any Google services beyond basic profile information. After signing in, you will choose a username for display on the Service.

You are solely responsible for maintaining the security of your account. You agree to notify us immediately of any unauthorized use of your account. The Operator is not liable for any loss or damage arising from unauthorized access to your account.

5. Not Gambling or Wagering

The Service is an entertainment and informational platform only. No prizes, monetary rewards, or anything of value are offered, awarded, or exchangeable through the Service. Picking a ball number is a free, no-stakes activity with no consideration paid and no chance of financial gain or loss. The Service does not constitute gambling, a lottery, a sweepstakes, or a contest under any federal, state, or international law. Terms such as “pick,” “win,” and “winning number” are used colloquially for entertainment purposes only and do not imply any form of wagering or prize.

6. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Service, other accounts, or any systems or networks connected to the Service
• Scrape, crawl, or use automated means to access or extract data from the Service without our prior written consent
• Reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Create multiple accounts for deceptive or abusive purposes
• Harass, abuse, threaten, or intimidate other users of the Service
• Use the Service in any manner that could damage, disable, or impair the Service

Violation of this policy may result in immediate termination of your account without notice.

7. Intellectual Property

All intellectual property rights in the Service — including but not limited to its design, code, features, and branding — are owned by dech, LLC. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial entertainment purposes only.

All trademarks, service marks, and trade names of third parties referenced on the Service (including but not limited to “Pardon My Take,” host names, and related branding) are the property of their respective owners. Their use on this Service does not imply any affiliation with or endorsement by those owners.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not guarantee that the Service will be uninterrupted, error-free, secure, or available at any particular time. We make no warranties regarding the accuracy, completeness, or timeliness of any episode data, pick results, winning numbers, host picks, or statistical information displayed on the Service. The information presented is for entertainment purposes only.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to use the Service
• Any conduct or content of any third party on the Service
• Any unauthorized access to or alteration of your data
• Any other matter related to the Service

The Service is provided free of charge. You acknowledge that the total aggregate liability of the Operator to you for any and all claims arising out of or related to the Service shall not exceed zero dollars ($0.00 USD). This limitation applies regardless of the legal theory under which any claim is brought.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Operator, its members, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any content or data you submit through the Service.

11. Termination

We may suspend or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice. You may delete your account at any time through the account settings in the app. Upon termination, your right to use the Service ceases immediately, and all associated data will be permanently deleted.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

Binding Arbitration:Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration shall take place in the State of North Carolina. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver:YOU AND THE OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Small Claims Exception:Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

13. DMCA & Intellectual Property Claims

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright or other intellectual property rights, please send a written notice to contact@pardonmyballs.com containing:

• Identification of the copyrighted work or intellectual property claimed to be infringed
• Identification of the material that is claimed to be infringing, with enough detail for us to locate it
• Your contact information (name, address, email, phone)
• A statement that you have a good-faith belief that use of the material is not authorized by the rights owner
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner
• Your physical or electronic signature

We will promptly review all legitimate claims and take appropriate action, which may include removal of the content in question.

14. Severability, Entire Agreement & Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between you and the Operator regarding the Service and supersede all prior agreements or communications. The failure of the Operator to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when the updated Terms are posted on the Service. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Information

If you have any questions about these Terms, please contact us at:

dech, LLC
Email: contact@pardonmyballs.com