THE PROFESSIONAL HANDICAPPERS LEAGUE - TERMS AND CONDITIONS Terms and Conditions for The Professional Handicappers League website www.procappers.com
1. Acceptance of Terms: Access to Site
The Web site located on the World Wide Web at:www.procappers.com (the "Site") is made available to you by The Professional Handicappers League. ("The Professional Handicappers League") By accessing and using the Site and services offered through the Site, including without limitation, the The Professional Handicappers League search engine ("Services"), you acknowledge that you have read and agree to be bound by and comply with these Terms of Service and any other terms and conditions posted on any individual page of the Site (the "Terms").
IF YOU DO NOT AGREE WITH THE TERMS, DO NOT ACCESS AND USE THE SITE.
The Terms may be amended by The Professional Handicappers League from time to time without notice to you. You agree to review these Terms from time to time and that your continued use of the Site constitutes your acceptance of any such revised Terms. Use of particular services or materials may be subject to additional terms and conditions that will be made available to you by The Professional Handicappers League in connection with such services or materials. The Professional Handicappers League may modify or discontinue the Site (or any part thereof) and may remove materials from the Site with or without notice to you. The Professional Handicappers League will not be liable to you or to any third party for any modification or discontinuance of the Site or removal of content from the Site. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
2. Site Materials:
The Site and its contents are protected by copyright, trademark, patent and other applicable laws and international treaties. All Site content, including but not limited to all design, information, artwork, graphics, text, video, images and the selection and arrangement thereof, the The Professional Handicappers League search engine, related software, The Professional Handicappers League technology and any and all other materials ("Content"), is the sole property of The Professional Handicappers League and its suppliers, as applicable. Except as permitted herein or with The Professional Handicappers League's written permission, you may not copy, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any content on the Site, in whole or in part. You are not authorized to change or delete author attribution, trademark legends or copyright notices.
3. Copyrights and Trademarks:
It is The Professional Handicappers League's policy to respect the copyright and intellectual property rights of others. The Professional Handicappers League may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, The Professional Handicappers League may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. If you believe that The Professional Handicappers League or any user of our site has infringed your copyright in any material way, please notify The Professional Handicappers League and provide the following information:1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, 2. An identification of the copyrighted work claimed to have been infringed, 3. An identification of the material that you claim is infringing so that we may locate it on the site, 4. Your address, telephone number and email address, 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and 6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
5. Online Conduct:
You may only use this Site for lawful purposes and in compliance with all applicable local, state, national and international laws. Unacceptable conduct on this Site includes, without limitation, harming minors in any way; interfering with or disrupting the Site or servers or networks connected to the Site; violating the regulations, policies or procedures of networks or Web sites connected or linked to the Site; attempting to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, or attempting to collect or store personal data about other users of the Site.
6. User Content:
You are solely responsible for all content that you submit to the Site or when using the Services, including without limitation, the content of any queries that you submit to the The Professional Handicappers League search engine ("User Content"). You acknowledge that The Professional Handicappers League does not pre-screen User Content, but collects and stores User Content for purposes of recording the frequency and content of queries and assembling a database of ranked and categorized queries in order to enhance the Services. You acknowledge and agree that The Professional Handicappers League may preserve User Content and may also disclose User Content if required to do so by law or if The Professional Handicappers League considers doing so to be reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, interests or safety of The Professional Handicappers League, its users, connected networks or the public.
7. Third Party Content:
This Site contains Content not provided by The Professional Handicappers League or its licensors (collectively, "Third Party Content"). You understand and expressly agree that The Professional Handicappers League assumes no responsibility or liability for Third Party Content. The Professional Handicappers League does not control Third Party Content and as such assumes no responsibility for the accuracy, integrity or quality of such Content. The Professional Handicappers League is not responsible for (a) errors or omissions in Third Party Content, (b) offensive, objectionable or defamatory Third Party Content, or (c) loss or damage of any kind incurred as a result of Third Party Content. Any opinion, advice, statement or other information or content expressed or made available by Third Party Content are those of the Third Party and are not endorsed by The Professional Handicappers League, its parents, or subsidiaries, successors and assigns. Under no circumstances shall The Professional Handicappers League or its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice or other Content available through the Site. You will bear responsibility for all risks associated with your use of any Third Party Content posted on or accessible through the Site.
By accessing the Site and using the Services, you will be provided with links to and information about other World Wide Web sites or resources. Because The Professional Handicappers League has no control over such sites and resources, you acknowledge and agree that The Professional Handicappers League is not responsible for the availability of such external sites or resources and does not endorse and is not responsible for or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Professional Handicappers League shall not be responsible or liable directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.
9. Disclaimer of Warranties:
The Professional Handicappers League disclaims any and all responsibility and/or liability for the accuracy, completeness, legality, reliability, operability and availability of any content or Services available on or through the Site. The Professional Handicappers League further disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. The Professional Handicappers League disclaims any and all harm resulting from downloading or accessing any information or material on or through the Site and assumes no liability or responsibility for any errors or omissions in such content. You bear all risk associated with any content and Services that you access through the Site.
10. Limitation of Liability:
Your use of the site and use of the services and content is at your own risk. Neither The Professional Handicappers League nor any of its officers, employees, or agents will be liable for any indirect, consequential, incidental, special, or punitive damages (including without limitation damages resulting from lost profits or costs of procurement of substitute products or services) arising out of or in connection with the site, services or content, whether under a theory of contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages. In no event will the liability of the professional handicappers league or its affiliates, officers, employees, or agents under any theory of liability (whether in contract, tort (including negligence or strict liability), or otherwise) exceed $100, regardless of whether such parties have been advised of the possibility of such damages. The provisions in this section 10 may be limited by provisions of applicable law.
The site and all services and content provided through it are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Professional Handicappers League does not warrant that (i) the site, content or services will be timely, secure, uninterrupted, or error free, or (ii) defects in the site, content or services will be corrected; or (iii) the site, content or services will meet your expectations or needs. The Professional Handicappers League will not be responsible for errors, omissions, interruptions, deletions, defects, and delays in operation or transmission, communication line failure, or computer viruses associated with the operation of the site, services or content. Some States do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you.
By using this Site, you agree to indemnify The Professional Handicappers League and its parents, subsidiaries, affiliates, directors, officers, employees and agents and hold them harmless from and against any and all claims, expenses, damages and losses arising out of or relating to your use of the Site and/or Services, violation of the these Terms, or violation of the rights of any third party.
12. Dealings with Advertisers:
Your correspondence or business dealings with or participation in promotions of advertisers or businesses found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/business. You agree that The Professional Handicappers League 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 presence of such advertisers/businesses on the Site. The Professional Handicappers League expressly disclaims any endorsement of any businesses, products or services provided by third parties on or through the Site.
The Professional Handicappers League may terminate your access to Services at any time, with or without notice to you, and delete any and all information, communications or User Content. Reasons for such termination include, but are not limited to, conduct that The Professional Handicappers League, in its sole discretion, believes violates these Terms. You agree that The Professional Handicappers League shall not be liable to you or any third party for any termination of your access to the Site or Services.
14. Monitoring of the The Professional Handicappers League Site:
The Professional Handicappers League will have the right (but not the obligation) to monitor the Site to determine compliance with these Terms and any The Professional Handicappers League operating rules, and to satisfy any law, regulation or government request.
15. Frequent Player Points:
Frequent Player Points (F.F.P.) earned with the site have no cash value. Packages purchased using Frequent Player Points are not eligible for refunds. All purchases made using Frequent Player Points are final.