TERMS OF SERVICE FOR POOLTRACKER.COM
1. ACCEPTANCE OF TERMS
Welcome to Pooltracker.com ("PT"). PT provides its service 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.pooltracker.com/terms_of_service.asp. In addition, when using particular PT services, you
and PT shall be subject to any posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules are hereby incorporated by reference into
2. DESCRIPTION OF SERVICE
PT provides users with a powerful, easy to use, customizable application for
hosting private football, basketball and other sports pools online. In addition to the
private pool and league hosting, PT sponsors public contests which are free to join and have
PT provides team statistics and matchups, game scores, expert analysis, message boards
and other useful information pertaining to sports pools.
PT will make every reasonable effort to provide access on demand to members and Pool managers.
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 PT from all or part of the World Wide Web. PT will make every commercially
reasonable effort to restore access as soon as possible in the event its own services are disrupted.
PT will not accept responsibility for any consequences resulting from disruptions in service.
PT has made 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. PT will not accept responsibility for any
consequences resulting from incompatibility between its software and programs and those of any
Members, Pool Managers or users.
3. AMUSEMENT ONLY
PT provides its services for the purposes of private amusement and entertainment only. PT does
not promote the conduct of unlicensed, illegal or professional gambling, and will not condone the
use of its facilities for any such purpose. Any pool discovered to be conducting unlicensed, illegal
or professional gambling may be disconnected at once without warning, and without any liability on
PT's part to the parties disconnected.
If your pool costs money to join and awards prizes, it may be considered illegal gambling in some
jurisdictions. It is your responsibility to determine that your pool is legal in the jurisdictions of
every participant. If your pool is not legal for every participant, then you may not use PT to
host your pool. BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEGE THAT YOUR POOL IS LEGAL FOR EVERY PARTICIPANT
IN EVERY JURISDICTION THEY PARTICIPATE FROM.
4. LICENSE TO USE SOFTWARE
Members and Pool Managers have a limited license to access and use the software that comprises the
pools for which they have registered and paid. No one may reproduce, copy, or redistribute, whole
or in part, any of the software that constitutes the PT service functions. No rights of any kind
in any of PT's software, programs or other property shall accrue to any user, Member or Pool
5. PRIVATE POOLS AND LEAGUES
Private Pool Managers are solely and exclusively responsible for timely and correct updating
and information entry into their respective Private Pools. If the pool has a prize, it is the
sole responsibility of the individual pool manager to award that prize correctly. PT will not
accept any responsibility for errors, omission, negligence or wrongful acts by any Private
Pool Manager in the administration of pools, awarding of prizes, or for any other damages,
direct or consequential, arising from participation in a Private Pool.
6. YOUR REGISTRATION OBLIGATIONS
To register on PT you need to enter an email address, username and password, and you need to
agree to this Terms Of Service. Since we use your email address to look up your account information,
and to send you passwords and other information about the site, you should be sure to use a
valid email address when registering. You should also keep your email address up to date using
the My Settings page. If you use an invalid email address, you may
find it difficult to retreive your password and get customer service.
PT will never share your email address, or other information about you, with any other
website or company without your expressed consent. When you pay for your pool by credit card,
we securely transfer your credit card information to our bank for approving the transaction.
8. USERNAME, PASSWORD AND SECURITY
You will create a username and password when registering with PT. The username you
pick will be unique to the website and no other member will have the same username. Your
password should be something easy to remember and should not be the same password you use
to protect important personal information such as bank and brokerage accounts. You are
responsible for maintaining the confidentiality of the username and password, and are fully
responsible for all activities that occur under your username. You agree to (a) immediately
notify PT of any unauthorized use of your username or any other breach of security, and (b)
ensure that you log off from your account at the end of each session. PT cannot and will not
be liable for any loss or damage arising from your failure to comply with this Section.
9. LOCATION OF LAWSUIT
In the event of a dispute that cannot be solved by amicable negotiation, Members and PT
agree to place their dispute before the American Arbitration Association, at a location
agreeable to both.
10. 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.
11. LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST 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 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
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.