Terms of Service
1. ACCEPTANCE OF TERMS
accbrackets.com provides its services to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time at:
http://www.accbrackets.com/accterms.asp. In addition, when using specific accbrackets.com
services, both you and accbrackets.com shall be subject to any posted guidelines
or rules applicable to such services which may be changed from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
accbrackets.com provides users with a web-based platform for creating, hosting,
and managing sports pools, including but not limited to, professional football and
college basketball. accbrackets.com reserves the right to alter its supported sports,
as well as the reporting mechanisms at any time. THE USE OF accbrackets.com's SERVICES
IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. accbrackets.com does not endorse illegal
gambling and the services offered by accbrackets.com should not be construed as
supporting illegal gambling. accbrackets.com is neither affiliated with nor endorsed
by any professional or collegiate sports organization. In addition, accbrackets.com
is neither responsible nor liable for any telecommunication or internet service
costs you incur while using our service. accbrackets.com provides its service for
FREE.
3. PRIVATE POOLS
All pools managed by accbrackets.com are considered private. It is the responsibility
of the private pool administrator and private pool members to ensure that the pool
meets all local, state and federal legal requirements. If the private pool has a
prize, it is the sole responsibility of the individual pool administrator to award
that prize. accbrackets.com is neither responsible nor liable, in any way, shape
or form, for awarding private pool prizes. accbrackets.com is neither responsible
nor liable for ensuring the legality of a private pool. accbrackets.com will not
accept any responsibility for errors, omission, negligence or wrongful acts by any
private pool administrator in the administration of pools, awarding of prizes, or
for any other damages, direct or consequential, arising from participation in a
Private Pool.
4. YOUR REGISTRATION OBLIGATIONS
To register on accbrackets.com, pool administrators need to select a tournament,
enter a pool name and password, their name, city, state, and zip code. Administrators
must also accept the terms of service outlined in this document. Pool members will
be required to enter similar information upon joining a private pool.
5. PRIVACY POLICY
accbrackets.com will only keep a users name and other provided information on record.
Personal information collected during registration will never be shared with any
other website, company, or third-party without your expressed consent.
6. USERNAME, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your username and password,
and are fully responsible for all activities that occur under your username. You
agree to (a) immediately notify accbrackets.com of any unauthorized use of your
username or any other breach of security, and (b) ensure that cookies on your machine
are managed in a secure manner. accbrackets.com cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section.
7. LOCATION OF LAWSUIT
You and accbrackets.com agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Wake, NC, USA.
8. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS or any document incorporated by reference is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of such documents remain in full force
and effect.
9. LIABILITY LIMIT & DISCLAIMERS
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR
LOST INCOME OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $25.
Some States do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
NEITHER accbrackets.com, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL
BE ERROR-FREE; NOR DO accbrackets.com OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY
AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES PROVIDED THROUGH THE
SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY
SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
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