MyPickStats Terms of Service

1. GENERAL TERMS AND CONDITIONS

Welcome to MyPickStats.com ("MyPickStats", "we" or "us"). MyPickStats provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without prior notice to you. You may review the most up to date TOS at any time at: https://www.mypickstats.com/tos. In addition, when using particular MyPickStats services, you and MyPickStats shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. SERVICES

MyPickStats provides you with access to a user-friendly web-based application for creating and managing private football pools and leagues online. It also provides team records, statistics, game scores, message boards and other useful features related to football pools or leagues (the "Service"). MyPickStats will make every reasonable effort to permit user access to the Service, but cannot guarantee access at all times. Occurrences such as high site traffic, power or network outage, natural disasters, changes in law, matters outside of MyPickStat.com’s control, etc. may from time to time prevent access to the Service. MyPickStats will make every commercially reasonable effort to restore access as soon as possible in the event services are disrupted. MyPickStats will not accept responsibility for any consequences and will not be liable for any damages whatsoever resulting from disruptions in the Service. MyPickStats has made every reasonable effort to provide that the Service is compatible with the browsers and operating systems currently generally in use on the Internet and every reasonable effort to ensure its software is free of defects. MyPickStats will not accept responsibility for any consequences and will not be liable for any damages whatsoever resulting from incompatibility between the Service and those of its users.

3. NO UNLAWFUL OR PROHIBITED USE

MyPickStats provides the Service for the purposes of private entertainment only. MyPickStats does not promote the conduct of unlicensed or illegal gambling and will not condone the use of the Service for any such purpose. Furthermore, you will not use the Service for any purpose that is unlawful or prohibited by law, these terms, conditions, and notices. Any pool or league discovered to be conducting unlawful or illegal activity will be terminated immediately without warning and without any liability on MyPickStats's part to the terminated parties. Any such terminated parties shall also indemnify MyPickStats for any potential losses, expenses, costs, resulting from such terminating parties unlawful or illegal activity. If your pool or league has an associated fee or cost to join and/or awards prizes, it may be considered illegal gambling in some jurisdictions. It is your responsibility to determine that your pool or league is legal in the jurisdictions of each and every participant. If your pool is not legal for each and every participant, then you may not use MyPickStats to host your pool or league. By accepting this agreement, you understand and acknowledge that your pool or league is legal for each and every participant in every jurisdiction from which they participate.

4. PERSONAL AND NON-COMMERCIAL USE

The Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.

5. ACCOUNT, PASSWORD, AND SECURITY

If the Service requires you to create an account or membership, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. MyPickStats will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.

6. PRIVACY POLICY

MyPickStats will never sell, rent, or share any of your personal information including, but not limited to, your name, phone number, e-mail or IP address. Payments are processed at an external site in order to maintain maximum protection of your personal and financial information.

7. OBLIGATIONS AS POOL MANAGER OR MEMBER

Users who create their pools or leagues are solely and exclusively responsible for managing and maintaining them and must resolve any disputes with pool or league members that may arise. If a pool or league offers a prize or prizes, where not illegal nor prohibited by law, it is the sole responsibility of the pool or league manager to ensure the prize or prizes are awarded correctly and in a timely fashion. MyPickStats does not in any way accept any responsibility for errors, omission, negligence or wrongful acts by any pool or league manager or commissioner in the administration of a pool or league, distribution of prizes, or for any other damage, direct or indirect, arising from participation in a pool.

8. MODIFICATIONS TO SERVICE

MyPickStats reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyPickStats shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. LOCATION OF LAWSUIT

In the event a dispute arises that cannot be solved by amicable negotiation, users and MyPickStats agree to place their dispute before the American Arbitration Association, in either New York City, or Chicago, Illinois.

10. INDEMNITY

You agree to indemnify and hold MyPickStats and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any law or rights of a third party.

11. DISCLAIMER OF WARRANTIES

You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. MyPickStats and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners expressly disclaim 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. MyPickStats and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners make 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; and (v) any errors in the software will be corrected.

12. LIMITATION OF LIABILITY

You expressly understand and agree that MyPickStats and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners shall not be liable to you 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 MyPickStats 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.

13. EXCLUSIONS AND LIMITATIONS

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 may not apply to you.