Gambling without a license is outlawed in most (if not all) US states and Canadian provinces. This web site does not condone nor support any illegal gambling.
1. ACCEPTANCE OF TERMS
pooltrackers.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://www.pooltrackers.com/terms-of-service. In addition, when using particular pooltrackers.com services, both you and pooltrackers.com shall be subject to any posted guidelines or rules applicable to such services which may be changed from time to time without notice. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
pooltrackers.com provides users with a web-based software application for creating and managing sports pools. pooltrackers.com reserves the right to alter the mechanisms in which users are ranked at any time. The use of pooltrackers.com services are intended for entertainment purposes only. pooltrackers.com does not endorse illegal gambling and the services offered by pooltrackers.com should not be construed as supporting illegal gambling. pooltrackers.com is neither affiliated with nor endorsed by any professional sports organization. In addition, pooltrackers.com is neither responsible nor liable for any telecommunication or internet service costs you incur while using our service.
pooltrackers.com 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 site traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to pooltrackers.com from all or part of the World Wide Web. pooltrackers.com will make every effort to restore access as soon as possible in the event its own services are disrupted.
pooltrackers.com 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. pooltrackers.com 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. 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 pooltrackers.com service functions. No rights of any kind in any of pooltrackers.com software, programs or other property shall accrue to any user, Member or Pool Manager.
4. PRIVATE POOLS
All pools on pooltrackers.com are considered private. It is the responsibility of the private pool manager and private pool members to ensure that the pool meets all local, provincial/state and federal legal requirements. If the pool has a prize, it is the sole responsibility of the individual pool manager to award that prize. pooltrackers.com is neither responsible nor liable, in any way, shape or form, for awarding private pool prizes. pooltrackers.com is neither responsible nor liable for ensuring the legality of a private pool. pooltrackers.com 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.
5. YOUR REGISTRATION OBLIGATIONS
To register on pooltrackers.com, pool managers need to enter a pool name , their name, email address, city, province/state, country, postal/zip code and telephone number. The pool manager will also enter the participant's name and email address. Participants need to accept invitations from said pool manager. Both parties will assign themselves a login name and password. The login name for both managers and participants will be used as the login identification ("username"). If a user has changed email addresses, he/she should notify the pool manager or firstname.lastname@example.org immediately and the pool manager or pooltrackers.com will make the necessary changes to the user's account record in an acceptable timeframe. All changes to email addresses will be logged by the system, including capturing the login credentials of the individual that processed the change.
pooltrackers.com will only keep a users name and email address on record. Passwords are encrypted and can only be reset, not retrieved. Any other personal information that was collected during registration is deleted upon successful payment processing. pooltrackers.com will never share your email address, or other information about you, with any other website or company without your expressed consent.
7. USERNAME, PASSWORD AND SECURITY
You will create a username and password when registering with pooltrackers.com. 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 pooltrackers.com 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. pooltrackers.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
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. DISCLAIMERS, LIABILITY EXCLUSIONS, AND LIMITATIONS OF LIABILITY
pooltrackers.com strives to make your use of the Web Site a useful and enjoyable experience. pooltrackers.com will not tolerate abusive or aggressive behavior to other players or administrators on the site. If such an occurence were to transpire, pooltrackers.com reserves the right to remove the offender's account as well as monitor and/or restrict access to the site. Nevertheless, pooltrackers.com and its Providers do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
pooltrackers.com WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANY OTHER PERSON ARISING FROM OR RELATING TO ANY DELAY OR FAILURE IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND pooltrackers.com’s REASONABLE CONTROL.
IN NO EVENT WILL pooltrackers.com OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY pooltrackers.com OR ANY PERSON FOR WHOM pooltrackers.com IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO pooltrackers.com FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY. THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU. THE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE, AND INDEMNITY PROVISIONS IN THIS AGREEMENT SURVIVE INDEFINITELY AFTER THE TERMINATION OF THIS AGREEMENT.
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED CONDITIONS, WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY pooltrackers.com AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU (AND NOT pooltrackers.com OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND pooltrackers.com‘s CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. pooltrackers.com IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE. THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. pooltrackers.com IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, pooltrackers.com AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; OR (G) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND pooltrackers.com AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
Liability Exclusion: pooltrackers.com AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY pooltrackers.com OR ANY PROVIDER OR ANY PERSON FOR WHOM pooltrackers.com OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT pooltrackers.com OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
pooltrackers.com IS NOT LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANY OTHER PERSON ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THE WEB SITE.
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