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SpeculatingSports.com Terms of Use

Welcome to SpeculatingSports.com (the Website). What's on SpeculatingSports.com is owned by us, and we are not responsible for you. The following terms and conditions apply to your use of SpeculatingSports.com, including access to the Services (as defined below) and Content (as defined below) available through the Website. Please read these terms and conditions carefully before using the Website, accessing the Content and/or using the Services. Please read our legal disclaimer found at the bottom of each page on the site. By using SpeculatingSports.com, the Services, 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 Terms of Service Agreement (the "TOS"), do not use the Website, the Services, or the Content. Your use of the Website, the Content, and the Services is also governed by our Privacy Policy, which is available through a link at the bottom of each page.

1. TERMS OF SERVICE

SpeculatingSports.com provide the Website, the Content, and the Services to you subject to the following Terms of Service ("TOS"). The TOS may be updated by us from time to time without notice to you. 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.

2. SERVICES AND CONTENT

SpeculatingSports.com provides users with several features and services, sport picks, handicapper picks, sport notes and other features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of SpeculatingSports.com. In addition, SpeculatingSports.com provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with SpeculatingSports.com. 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 SpeculatingSports.com 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. You may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of SpeculatingSports.com, which permission may be withheld at SpeculatingSports.com sole discretion.

3. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.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. SPECULATINGSPORTS.COM EXPRESSLY DISCLAIMS 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.
b. SPECULATINGSPORTS.COM 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 OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.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 SPECULATINGSPORTS.COM SHALL NOT BE LIABLE 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 SPECULATINGSPORTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.

5. 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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

6. BACKGROUND INFORMATION

In order to use the Services, you may be required to register with SpeculatingSports.com by providing certain information about yourself, including your e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SpeculatingSports.com have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SpeculatingSports.com has the right to suspend or terminate your password and/or refuse any and all current or future use of the Services.

7. ACCESS BY MINORS

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

8. 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.

9. MEMBER PASSWORD AND SECURITY

In the future if we required visitors to sign up as members, you will receive a password upon completing the registration process for use of the login Services. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. SpeculatingSports.com cannot and will not be liable for any loss or damage arising from your failure to comply.

10. MEMBER CONDUCT

You agree that in connection with your use of the Website, the Services, and the Content you will not:
a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e.upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services and/or the Content;
i. intentionally or unintentionally violate any applicable local, state, national or international law.
j. reproduce, republish, download, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Website, Services, Content or the Software, in whole or in part.

11. INDEMNITY

You agree to indemnify, defend and hold harmless SpeculatingSports.com, the directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys' fees, arising out of Messages you post to, submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the TOS, or your violation of any rights of another.

12. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES

SpeculatingSports.com reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice.

13. TERMINATION

You agree that SpeculatingSports.com, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove, for any reason, including, without limitation, for lack of use or if SpeculatingSports.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SpeculatingSports.com 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 SpeculatingSports.com 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.

14. SPECULATINGSPORTS.COM 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 SpeculatingSports.com 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.

15. LINKING

The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SpeculatingSports.com have no control over such sites and resources, you acknowledge and agree that SpeculatingSports.com 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 SpeculatingSports.com 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.

16. NOTICE

Notices to you may be made via either email.

17. LINKING TO THE WEBSITE

No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.SpeculatingSports.com, the Website home page.

If you have any questions or comments about our use of personal information, please contact us at: staff@speculatingsports.com.