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Terms of Use

1. TERMS OF SERVICE

This agreement is between registered users herin referred to as "members" and SportsPicksForum.com also known as "SPF".  "Members" shall mean the person (s) or entity for whom the order has been placed and for whom payment has been made. SportsPicksForum.com grants to Member the nonexclusive right to use the information and tools accessed via Internet and available via SportsPicksForum.com ("Content") for entertainment purposes in accordance with this Agreement and any user documentation provided online. (Content may only be accessed by an individual to whom SportsPicksForum.com has assigned an individual USER ID and password.) In no event may Customer offer the use of any information as a part of a service bureau, time-sharing, or other similar arrangement. Any copying or redistribution of the information contained in these files in any manner, is not allowed and is strictly prohibited. Members are not permitted to provide their USER ID and password to any other individuals, websites or entities.


2. SERVICES AND CONTENT

SPF currently provides users with various features and services, including statistical review, handicapper picks, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of SPF. In addition, SPF provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with SPF. Unless stated otherwise, the Website, the Services, and the Content are subject to the TOS. You understand and agree that the Website, the Services, and the Content are provided "AS IS" and that SPF assumes no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment. Under the TOS, you may download certain Content and Services available on the Website to a single personal computing device for your use and entertainment. However, you may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of SPF, which permission may be withheld at SPF's sole discretion.

3. ACCESS TO SERVICES

In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. BACKGROUND INFORMATION

In order to use the Services, you may be required to register with SPF by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SPF has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SPF has the right to suspend or terminate your password and/or refuse any and all current or future use of the our Privacy Policy and all applicable laws.

5. MEMBER PASSWORD AND SECURITY

You will receive a password upon completing the registration process for use of the Services. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. SPF cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. MEMBER CONDUCT

You agree that in connection with your use of the Website, the Services, and the Content you will not:

a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

c. interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey ny requirements, procedures, policies or regulations of networks connected to the Website, the Services and/or the Content;

d. intentionally or unintentionally violate any applicable local, state, national or international law.


7. TERMINATION

You agree that SPF, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if SPF believes that you have violated or acted inconsistently with the letter or spirit of the TOS.


8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.SPF MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.

c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.

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