Terms of Service - SportsFan.com Pools Hosting Service

1. ACCEPTANCE OF TERMS
Pools.SportsFan.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://pools.sportsfan.com/legal.php. In addition, when using specific Pools.SportsFan.com services, both you and Pools.SportsFan.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
Pools.SportsFan.com provides users with a web-based platform for creating, hosting, and managing sports pools. Pools.SportsFan.com reserves the right to alter its supported sports, as well as the reporting mechanisms at any time. THE USE OF Pools.SportsFan.com's SERVICES IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. Fees collected by Pools.SportsFan.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. Pools.SportsFan.com does not endorse illegal gambling and the services offered by Pools.SportsFan.com should not be construed as supporting illegal gambling. Pools.SportsFan.com is neither affiliated with nor endorsed by any sports organization. In addition, Pools.SportsFan.com is neither responsible nor liable for any telecommunication or internet service costs you incur while using our service.

3. PRIVATE POOLS
All pools managed by Pools.SportsFan.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, including Canadian federal, provincial or municipal legal requirements. If the private pool has a prize, it is the sole responsibility of the individual pool administrator to award that prize. Pools.SportsFan.com is neither responsible nor liable, in any way, shape or form, for awarding private pool prizes. Pools.SportsFan.com is neither responsible nor liable for ensuring the legality of a private pool. Pools.SportsFan.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. POOL ORDERING
When ordering a pool website, pool commissioner will need to enter their name, email address and zip code to complete the order.  By ordering a pool, commissioners agree to accept the terms of service outlined in this document. Since vital pool information is sent via email, it is important that pool commissioners provide a valid email address.

5. PRIVACY POLICY
SportsFan.com will only keep a users name and email address on record. Personal information collected will never be shared with any other third-party without your expressed consent. You may always view a current version of our privacy policy at http://pools.sportsfan.com/legal.php.

By agreeing to this TOS document, you agree to allow SportsFan.com to send you occasional promotional emails for additional SportsFan.com services, if you opt-in to receive them.   Emails sent for promotional purposes are sent ONLY to those users who opt-in to receive them. Every email for this purpose also contains a link to change your email preferences, and/or opt-out.

Pool commissioners determine the personal information that pool participants may be asked to enter. Pool commissioners and their administrative delegates may send email to any and all participants in their pool, even if the member requests not to receive email from them.

SportsFan.com reserves the right to send pool commissioners emails providing vital pool information such as site performance issues and payment reminders.

Should a pool participant 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 commissioner immediately and the pool commissioner will make the necessary changes to the user's account record in an acceptable timeframe.

6. CREDIT CARD PROCESSING AND SECURITY
When shopping at Pools.SportsFan.com, each credit card purchase you make is protected and safe.

Pools.SportsFan.com uses the services of Authorize.net to provide the highest level of secure online transactions. Your credit card information cannot be read as it travels to our ordering system. Authorize.net maintains their own privacy and security policies. If you have questions about these services, or how they handle the information they receive, please contact Authorize.net.

All information you enter in the Authorize.net order form will be shared with Pools.SportsFan.com in order to fulfill the purchased services. This does not apply to your credit card information. We do not receive your credit card number.

7. LOCATION OF LAWSUIT
You and Pools.SportsFan.com agree to submit to the personal and exclusive jurisdiction of the courts at a location agreeable to both.

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 Pools.SportsFan.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 Pools.SportsFan.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.