Effective Date August 26, 2009
Terms of Service
1. ACCEPTANCE OF TERMS
Pool Mutt provides its service to you, subject to the following Terms and Conditions of Use (the “Terms”), which may be updated by Pool Mutt from time to time without notice to you. Your visit to and/or use of any aspect of the Pool Mutt website, constitutes your agreement to all such terms, conditions, policies and notices (the “Agreement”). It is your responsibility to review these Terms regularly to determine whether they have changed. Your continued use of Pool Mutt services upon any change or modification of Terms constitutes your constructive acknowledgement and acceptance of these changes.
2. DESCRIPTION OF SERVICE
Pool Mutt provides users with a number of sports entertainment services, including the opportunity to record online predictions about who you believe will win particular football contests (the “Service”).
These Services, from time to time, may change with the possibility of new features being added, and existing features being removed. These Terms cover all such Services, whether currently existing or not. You understand and agree that the Service is provided “AS-IS” and that Pool Mutt assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You also acknowledge that from time to time servers may overload and data may be lost. Pool Mutt assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You also represent and warrant that you will not use the Pool Mutt service in conjunction with any illegal activity.
In order to participate in the Pool Mutt Service, you must be a Registered User thirteen (13) years of age or older at the time of registration for the Pool Mutt Service.
4. MODIFICATIONS TO SERVICE
Pool Mutt reserves the right at any time, and/or from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pool Mutt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Pool Mutt shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
Pool Mutt may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pool Mutt has no control over such sites and resources, you acknowledge and agree that Pool Mutt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pool Mutt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POOL MUTT 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. POOL MUTT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 POOL MUTT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES, SPORTS CONTEST SCORES, SPORTS CONTEST ODDS, SPORTS CONTEST SCORING LINES, SPORTS EVENT STATISTICS, FANTASY SPORTS STATISTICS, OR OTHER INFORMATION CREATED BY POOL MUTT OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN ADDITION, SUCH CONTENT SHALL NOT BE RELIED UPON AS GAMBLING ADVICE, AND SHALL NOT BE RELIED ON FOR ANY FORM OF SPECULATIVE ACTIVITY, IRRESPECTIVE OF WHETHER SUCH ACTIVITY BE DEFINED AS GAMBLING OR OTHERWISE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY POOL MUTT AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POOL MUTT 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 POOL MUTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
9. EXCLUSIONS, LIMITATIONS AND LIQUIDATED DAMAGES
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
However, if for any reason the above waivers, releases and other liability-limiting provisions fail, still in absolutely no event (under any legal theory, including contract, tort or otherwise) may any party hold either Pool Mutt, Ten Five LLC, or any OFFICER, director or employee thereof liable for any sum of money greater than the amount of money paid for use of the Service.
10. TRADEMARK INFORMATION
All materials on this site (”Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Pool Mutt or by other parties that have licensed their material to Pool Mutt. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
All Pool Mutt and/or poolmutt.com logos product names, and service names are trademarks of Pool Mutt and Ten Five LLC . All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Pool Mutt provides news and information sites and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. Pool Mutt will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that any Pool Mutt content or trademarks are being misused please contact us at email@example.com as soon as possible.
The failure of Pool Mutt to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. HEADINGS FOR CONVENIENCE ONLY
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to our Customer Service Department.
You agree to indemnify, defend and hold harmless Ten Five LLC, Pool Mutt, and all officers, directors, and employees thereof, from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
15. LETTERS OR OTHER SUCH COMMENTS OR MATERIALS:
16. INFORMATION YOU SUBMIT
Pool Mutt web sites may contain the option to upload or otherwise submit information by offering forums, bulletin boards, chat rooms or other interactive areas. Pool Mutt and Pool Mutt officers, directors, and employees, or other representatives of each entity do not endorse the content posted in any user forum. Pool Mutt reserves the right to delete, move or edit consumer-uploaded information, in whole or in part, for any reason in their sole discretion. Pool Mutt reserves the right to suspend or terminate your access to web sites in the Pool Mutt Network and pursue all legal remedies if we believe your uploaded information infringes upon another's copyright or otherwise violates any law, rule or regulation.
You acknowledge that Pool Mutt undertakes no obligation to pre-screen your uploaded information, but has the right to modify, transmit, refuse, move, or remove any of your uploaded information. You agree that you must bear all risks associated with the use of any of your uploaded information including, but not limited to, any confidence on the accuracy, completeness, or usefulness of your uploaded information. Since Pool Mutt may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive or questionable content in your uploaded information.
18. RESTRICTIONS ON USE:
You may not use Pool Mutt sites or their content for any illegal purpose, or in any manner inconsistent with these Terms. You agree to use Pool Mutt services solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You also understand the information provided by Pool Mutt is for entertainment purposes only, and information provided on this website may not be relied upon for any purposes other than amusement.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
20. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on any Pool Mutt property constitute the entire agreement between you and Pool Mutt and govern your use of the Service.
21. REFUSAL OR DISCONTINUANCE OF SERVICE:
Pool Mutt reserves the right to refuse or discontinue service to any user for non-compliance with these Terms.
22. CHOICE OF LAW:
This Agreement will be governed by the laws of the State of
23. ARBITRATION AND FORUM SELECTION CLAUSE:
To the extent any party to this agreement seeks to bring a claim against may bring any sort of a claim against Ten Five LLC, Pool Mutt, or any officers, directors, and employees thereof, such a claim, irrespective of whether arising based on this contract or under theories of tort, must be brought to binding arbitration under the rules of the American Arbitration Association (“AAA”), which shall be the only forum for resolving disputes between parties to this agreement. If for any reason this arbitration clause is deemed inapplicable, then any remaining claims must be brought, if at all, in a court within thirty miles radius of Orlando, FL.
24. ACCEPTANCE OF PERSONAL JURISDICTION IN FLORIDA:
You agree to personal jurisdiction by the state and federal
courts sitting in
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS