WinMyPool.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://winmypool.com/about/terms-of-service.html. In addition, when using specific WinMyPool.com services, both you and WinMyPool.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.
WinMyPool.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. WinMyPool.com reserves the right to alter its supported sports, as well as the reporting mechanisms at any time. In addition, WinMyPool.com is neither responsible nor liable for any telecommunication or internet service costs you incur while using our service.
WinMyPool.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 service fee or have access denied to your pool until such time as full payment is received by WinMyPool.com. Due to costs we incur for server resources and payment processing, all sales are final.
Any information that WinMyPool.com provides including team matchups, game scores, spreads and other useful information is for entertainment only and should be considered to be unofficial. While WinMyPool.com will use reasonable efforts to include accurate and timely information, WinMyPool.com will not warrant or make any representations of any kind with respect to the information provided to you. WinMyPool.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website service, and shall not be responsible or liable for any error or omissions in that information.
WinMyPool.com will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to WinMyPool.com from all or part of the internet. WinMyPool.com will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. WinMyPool.com will not accept responsibility for any consequences resulting from disruptions in service.
WinMyPool.com will make every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the internet, and every reasonable effort to ensure these programs are free of defects. WinMyPool.com will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.
All services provided by WinMyPool.com are for ENTERTAINMENT PURPOSES ONLY and may not be used in connection with any form of gambling or wagering.
WinMyPool.com expressly reserves the right to immediately modify, suspend or terminate any of it's services (including future use) if you have violated or acted inconsistently with the spirit or letter of the Terms of Service. WinMyPool.com expressly reserves the right to modify or discontinue service, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that WinMyPool.com will not be liable to you or to any third party for any modifications or discontinuance of service.
WinMyPool.com will make every effort to provide uninterrupted access to it's services. However, WinMyPool.com makes no guarantees that it's service will be available at all time. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to WinMyPool.com from all or part of the Internet. WinMyPool.com will make every reasonable effort to restore access as soon as possible in the event the cause of the interruption is determined to be within it's control. WinMyPool.com will not accept responsibility for any consequences resulting from disruptions in service.
To register on WinMyPool.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.
WinMyPool.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://winmypool.com/about/privacy-policy.html
By agreeing to this TOS document, you agree to allow WinMyPool.com to send you occassional promotional emails for additional WinMyPool.com services. These promotional emails will be limited to a maximum of six (6) per year. More frequent contact emailings will be sent to Pool Administrators for notifications related to their pools.
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 WinMyPool.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. WinMyPool.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You and WinMyPool.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, NY, USA.
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.
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 WinMyPool.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 WinMyPool.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.
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.