TeamRankings.com Terms of Service

Origination Date: October 11, 2005
Last Update: October 17, 2005

Team Rankings, LLC (“Team Rankings”) 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.teamrankings.com/tos.php3.

Team Rankings provides users with access to a collection of resources including sports-related information, editorial content, ratings, rankings, and predictions (the "Service”). While certain parts of the Service are free to use, other parts of the Service (such as the NFL Premium, NBA Premium, and BracketBrains services) are fee-based. All data and information included as part of the Service is produced for entertainment purposes only and is not intended to be used in direct or indirect violation of local, state, federal or international law(s).

You understand that Team Rankings will only provide you access to fee-based parts of the Service if you pay all applicable fees to Team Rankings when required. Furthermore, you acknowledge that your access to fee-based parts of the Service may be terminated at any time by Team Rankings if you do not make necessary payments in full and when required by Team Rankings.

You understand and agree that the Service may include advertisements and that these advertisements are necessary for Team Rankings to provide the Service. You also understand and agree that the Service may include certain communications from Team Rankings, such as service announcements, administrative messages and periodic newsletters, and that these communications are considered part of Team Rankings membership and you will not be able to opt-out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.

You understand and agree that the Service is provided "AS-IS" and that Team Rankings assumes no responsibility for the timeliness, deletion, accuracy, or mis-delivery of the Service. You understand that Team Rankings will make reasonable efforts to ensure the quality and reliability of service accessibility, but that Team Rankings makes no express guarantees regarding the availability of the Service. You are responsible for obtaining access to the Service and that access may involve third party fees such as Internet service provider or airtime charges. You are responsible for those fees, including any related fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, access to the Service, or information provided to you as part of the Service. This agreement includes, but is not limited to, rebroadcasting, reproducing, or retransmitting -- either in print, via email, or electronically via the Internet (including postings on other Internet sites, newsgroups, message boards, and forums) -- any information included as part of the Service and/or its related newsletters. You also agree not to share your Team Rankings username and password with anyone else. Violations of these terms are taken extremely seriously by Team Rankings and violators will be prosecuted aggressively.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete (which can be done by emailing any changes in your informtion to support@teamrankings.com). If you provide any information that is untrue, inaccurate, not current or incomplete, or Team Rankings has a reason to suspect that such information is untrue, inaccurate, not current or incomplete, Team Rankings has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registration data, account data, and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.teamrankings.com/privacy.php3. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Team Rankings and its affiliates and partners.

Your chosen username and password for fee-based parts of the service will become active after you complete the registration process for fee-based parts of the Service and any applicable payments are successfully processed and verified to Team Rankings. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Team Rankings of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Team Rankings cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

All users of the Service must be the older of 21 years of age or the legal age of majority; minors are prohibited. You agree that you meet this minimum age requirement.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") available as part of the Service is the exclusive property of Team Rankings and/or its partners and advertisers. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

Team Rankings will make reasonable efforts to ensure that any Content provided as part of the Service is accurate, but under no circumstances will Team Rankings be liable in any way for any inaccuracies, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available to you via the Service.

You acknowledge, consent and agree that Team Rankings may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of Team Rankings, its users and the public. You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Team Rankings and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided as part of the Service, in whole or in part, is strictly prohibited.

You agree to indemnify and hold Team Rankings, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content made available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You acknowledge that Team Rankings may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that certain information or other Content will be included in the Service. You further acknowledge that Team Rankings reserves the right to modify these general practices and limits at any time.

Team Rankings reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Beyond being entitled to a prorated refund of any fees previously paid by you for access to a fee-based part the Service that is no longer delivered by Team Rankings, you agree that Team Rankings shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Team Rankings may, under certain circumstances and without prior notice, immediately terminate your Team Rankings account and access to the Service or one or more parts of the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with fee-based parts of the Service. Termination of your Team Rankings account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in the sole discretion of Team Rankings and that Team Rankings shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. As mentioned in Section 10 above, if termination of the Service occurs on account of an internal decision of Team Rankings that has no relation whatsoever to any specific conduct, legal matter, or inquiry related to you personally, you will be entitled to a prorated refund of any fees previously paid by you for access to any fee-based part of the Service that is no longer delivered by Team Rankings.

You furthermore acknowledge that Team Rankings is under no obligation to issue any monetary refunds as a result of a request made by you to terminate or close your Team Rankings account or restrict your access to one or more parts of the Service. This condition specifically applies to payments previously made by you in order to gain access to fee-based parts of the Service. Such payments are considered nonrefundable and you agree that any and all refund requests will be made at the sole discretion of Team Rankings.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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. You agree that Team Rankings 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 on the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Team Rankings has no control over such sites and resources, you acknowledge and agree that Team Rankings is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Team Rankings 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.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Team Rankings or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Team Rankings grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. 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 Service. You agree not to access the Service by any means other than through the interface that is provided by Team Rankings for use in accessing the Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEAM RANKINGS 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. TEAM RANKINGS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 TEAM RANKINGS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEAM RANKINGS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL GAMBLING OR WAGERING LOSSES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEAM RANKINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

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 15 AND 16 MAY NOT APPLY TO YOU.

If you intend to use any information or Content from the Service for any purpose related to gambling or wagering money (or other items of value) on sports games or related entertainment services such as fantasy sports leagues, please read the above Sections 15 and 16 again. They go doubly for you. The Service is provided for informational purposes only, and no Content included in the Service is expressly intended for gambling or wagering purposes. By agreeing to the TOS, you acknowledge that rankings, ratings, predictions, and other information provided by Team Rankings and the Service are not and will never be 100% accurate, and that you fully understand the risks and significant potential for extreme personal loss that may result from basing gambling or wagering decisions on information included as part of the Service. Regarding predictions especially, you acknowledge that any information provided by the Service shall in no way be construed as a recommendation or suggestion on the part of Team Rankings to gamble or wager. Team Rankings and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for the outcome of any gambling or wagering decision made on the basis of such information.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

From time to time, Team Rankings may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

Without the prior permission of Team Rankings, you agree not to display or use in any manner any trademarks or service marks owned by Team Rankings. You also agree not to copy, reproduce, or display the Team Rankings logo image without the express consent of Team Rankings.

Entire Agreement. The TOS constitute the entire agreement between you and Team Rankings and govern your use of the Service, superseding any prior agreements between you and Team Rankings with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Team Rankings services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Team Rankings shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Team Rankings agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

Waiver and Severability of Terms. The failure of Team Rankings 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.

No Right of Survivorship and Non-Transferability. You agree that your Team Rankings account is non-transferable and any rights to your Team Rankings username or password terminate upon your death.

Statute of Limitations. 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 Service 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.

Please report any violations of the TOS or questions about the TOS to us by emailing support@teamrankings.com.