1. ACCEPTANCE OF TERMS
eliminatorfootball.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.eliminatorfootball.com/tos.htm. In addition,
when using specific eliminatorfootball.com services, both you and
eliminatorfootball.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
EliminatorFootball.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. EliminatorFootball.com reserves
the right to alter its supported sports, as well as the reporting
mechanisms at any time. THE USE OF ELIMINATORFOOTBALL.COM'S SERVICES IS
INTENDED FOR ENTERTAINMENT PURPOSES ONLY. Fees collected by
eliminatorfootball.com are for hosting and management services ONLY and will
NOT be distributed or redistributed as winnings to the pool
administrator, any pool member, or third party. eliminatorfootball.com does
not endorse illegal gambling and the services offered by
eliminatorfootball.com should not be construed as supporting illegal gambling.
eliminatorfootball.com is neither affiliated with nor endorsed by any
professional sports organization. In addition, eliminatorfootball.com is
neither responsible nor liable for any telecommunication or internet
service costs you incur while using our service.
eliminatorfootball.com provides its service for a small fee. OUR SERVICES ARE
NOT FREE. By agreeing to these terms of service, you agree to either
pay the full pool fee (after the free trial period) or have access
denied to your pool until such time as full payment is received by
eliminatorfootball.com.
3. PRIVATE POOLS
All pools managed by eliminatorfootball.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. eliminatorfootball.com is neither responsible nor liable, in any way,
shape or form, for awarding private pool prizes. eliminatorfootball.com is
neither responsible nor liable for ensuring the legality of a private
pool. eliminatorfootball.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 eliminatorfootball.com, pool administrators need to select a
type of pool, enter a pool name and password, their name, email
address, street address, city, state, country, and zip code.
Administrators must also accept the terms of service outlined in this
document. Since vital pool information is sent via email, please
provide a valid email address. Pool members will be required to enter
similar information upon joining a private pool. Should a user forget
his/her password, they may reset their password and have the new
password sent to them via the email address on record. If a user has
changed email addresses, he/she should notify the pool administrator
immediately and the pool administrator will make the necessary changes
to the user's account record in an acceptable timeframe.
5. PRIVACY POLICY
eliminatorfootball.com will only keep a users name and email address on
record. Personal information collected during registration will never
be shared with any other website, company, or third-party without your
expressed consent. You may always view a current version of our privacy
policy at http://www.eliminatorfootball.com/privacy.cfm.
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
eliminatorfootball.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. eliminatorfootball.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 eliminatorfootball.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Travis, TX,
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 THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.
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 eliminatorfootball.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 eliminatorfootball.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.