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
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
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
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:
Any information recorded by the Pool Mutt site, including
comments, materials, or letters sent by you to Pool Mutt regarding its sites,
and including without limitation, questions, comments, suggestions, criticisms
or the like (”Received Materials”), unless explicitly stated otherwise in our
proprietary or personal rights unless you explicitly state in the correspondence
that the letter is “not for publication” and contains “private and proprietary”
information that may not be distributed. Pool Mutt shall have no obligation of
any kind with respect to such Received Materials and Pool Mutt will be free to
reproduce, use, disclose, exhibit, display, transform, edit, abridge, create
derivative works from and/or distribute the Received Materials without
limitation or restriction. Furthermore, Pool Mutt is free to use any ideas,
concepts, know-how, or techniques contained in any communication you send to
Pool Mutt for any purpose whatsoever, including, but not limited to, developing,
manufacturing, and marketing products using such information, without
compensation or any other obligations to anyone, including you.
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.
All information uploaded by the member is their sole
responsibility. This means that you are entirely responsible for all of the
information that you upload, post, e-mail, transmit or otherwise make available
via a web site in the Pool Mutt Network. If you post personal information on
publicly available areas of the web sites then you may receive unsolicited
messages from third parties. Pool Mutt cannot ensure the security of any
information you post on publicly available areas of the web sites. Under no
circumstances will we be liable in any way for the information consumers upload
including, errors in information, or for any loss or damage of any kind incurred
as a result of said information. You represent that the information you choose
to upload is original work or you have all necessary rights in it and to submit
it does not violate the rights of any third parties. You also agree that you are
liable for all costs and consequences that are connected to or arise from a
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.
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