LEGAL – TERMS OF SERVICE

The following terms and conditions apply to your use of this Website, including access to the Services and Content available through the Website. Please read these terms and conditions carefully before using the Website, accessing the Content and/or using the Services. By using the website, the services (including information received via text or e-mail), or the content, you are consenting to the terms and conditions in this terms of service agreement as they apply to you and your usage and access.  Your use of the Website, the Content, and the Services is also subject to all applicable laws and regulations. If you do not agree to any of the terms of service in this agreement (the “TOS”), you should not use the Website, the Services, or the Content.

  1. Terms of Service

Intellisports provides the Website, the Content, and the Services to you subject to the following Terms of Service (“TOS”). We suggest that from time to time you review the TOS for possible changes. In addition, when using any Services or accessing any Content, you will be subject to any posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.

  1. Services and Content

Intellisports currently provides users with various features and services, including statistical review, handicapper service and free picks, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of Intellisports. In addition, Intellisports provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with Intellisports. Unless stated otherwise, the Website, the Services, and the Content are subject to the TOS. You understand and agree that the Website, the Services, and the Content are provided “as is” and that Intellisports assume no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment.  Information supplied by Intellisports, including, but not limited to, service plays and free plays, is for entertainment purposes only and should not be used to violate local, state, federal, or international laws.  You may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of Intellisports.

  1. Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the website, the services and the content is at your sole risk. The website, the services and the content are provided on an “as is” and “as available” basis. Intellisports expressly disclaims all warranties and guarantees (except for Guaranteed money back Full Season subscriptions, terms of which are explicitly stated and limited to the cost of the service minus any processing fees), whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. Intellisports makes no warranty that (i) the website, services or the content will meet your requirements, (ii) the website, the services or the content will be uninterrupted, timely, secure, or error –free, (iii) the results that may be obtained from your use of the website, the services or the content will be accurate and reliable, (iv) the quality of any products, services, information or other material purchased or obtained from your use of the website, the services or the content will meet your expectations.
  3. No advice or information, whether oral or written, obtained by you from the website or through or from the services or the content shall create any warranty not expressly stated in the TOS.
  4. Limitation of Liability

You expressly understand and agree that Intellisports shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages of any kind, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Intellisports has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website, the services or information supplied, or the content; (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 website, the services or the content; or (iii) any other matter relating to the website, the services, or the content.

  1. Access by Minors

You must be at least 18 years old to register. If you are under 18 years of age, you are not permitted to use the Websites or the Services or to access the Content.

  1. Privacy Policy

All information collected about you during registration for use of the Services will be used in accordance with our Privacy Policy and all applicable laws.

  1. Termination

You agree that Intellisports, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if Intellisports believe that you have violated or acted inconsistently with the letter or spirit of the TOS. Intellisports may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Intellisports may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services.

  1. Intellisports Advertisers and Vendors

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, 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 advertiser and/or vendor. You agree that Intellisports 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 advertisers or vendors on the Website or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the website or in connection with the services shall be at your sole risk.

  1. Linking

The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Intellisports have no control over such sites and resources, you acknowledge and agree that Intellisports are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Intellisports 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.

  1. Proprietary Rights

Services and Content are the property of Intellisports and are licensed to Intellisports and may not be reproduced without the prior written consent of Intellisports You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services, and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to Intellisports; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Intellisports or advertisers, you agree not to reproduce, republish, upload post, transmit, distribute, copy, publicly display or otherwise use any content based on the website, services or content, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Intellisports for use in accessing the Services.

  1. Notice

Notices to you may be made via email. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.

  1. General Provisions

The TOS constitute the entire agreement between you and Intellisports and governs your use of the Website, the Services, and access to the Content, superseding any prior agreements between you and Intellisports. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Intellisports shall be governed by the laws of United States without regard to its conflict of law provisions. You and Intellisports agree to submit to the personal and exclusive jurisdiction of the courts located within the USA. The failure of Intellisports to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. The Laws and Courts of United States govern any dispute arising out of the use of the web site.

If you have any questions or comments about our Terms of Service, please contact us at: mike-oconnor@intellisports.com