Last Revised: March 18, 2019
I. ACCOUNT REGISTRATION
1. You do not need to create an account on the Services (a “User Account”) to visit the public pages of the Services, however, you do need a User Account to set up and participate in brackets. To register a User Account, you must be at a legal resident of the United States of America and at least 18 years of age (or the age of legal majority in your jurisdiction, if older). If you are a resident of Alabama or Nebraska, you must be least 19 years of age, and if you are a resident of Massachusetts, you must be 21 years of age. You may create a User Account by completing the registration process set forth on the Website and in the App. You can also register a User Account through your Facebook, Google+ and Twitter accounts. You are responsible for providing and maintaining current your contact information, which may include name, email address, postal address, state of residence, and phone number. By creating a User Account, you represent and warrant to us that all information you have provided is accurate.
2. You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any login and password selected by you or SpeedBrackets for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. SpeedBrackets has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must cease all use of the Services and contact SpeedBrackets immediately by emailing support@SpeedBrackets.com
II. TERMS APPLICABLE TO THE SERVICES
1. License to Use Services.
Google Play Store. If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Agreements, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. You acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by SpeedBrackets or you (or any other user) under these Agreements or the Google Play Terms.
2. Use Restrictions.
(a) The Services and contests may not be used for any form of illegal or illicit gambling.
(c) You agree that you will not use the Services: (i) for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (ii) to advertise, solicit or transmit commercial advertisements, including “spam”; (iii) to cause nuisance, annoyance or inconvenience; or (iv) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
(d) You agree to protect the Services from any unauthorized access or use, and will not use the Services or any proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by SpeedBrackets.
(e) Except as specifically permitted herein or expressly authorized in writing by SpeedBrackets, you agree that you will not directly or indirectly: (i) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (ii) harvest or scrape any content or data from the Service; (iii) interact with the Services through any automated means (including but not limited to scripts, bots and third-party tools); or (iv) authorize any third party to engage in any of the acts described in this clause.
(f) You further agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (y) use any means to discover the source code of any portion of the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services.
3. User Content License Grant.
4. Third Party Services and Materials.
(a) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. Third Party Materials and links to other web sites are provided solely as a convenience to you. You acknowledge and agree that SpeedBrackets is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SpeedBrackets does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
(b) In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. SpeedBrackets makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
- How we may collect information from or about you
- What information we may collect about you
- What we use that information for
- What information we may share with third parties and with whom we may share that information
V. GENERAL CONTEST RULES.
Contests are available for entry through the Services. “Public Contests” are contests that are open to anyone that meets the eligibility requirements for the particular contest. We may also offer the ability to set up “Private Contests” are contests not listed in the “Public Contest Listing” and which are available only by invitation. Contests are free to enter. The following contest rules, together with the specific rules and instructions that apply to particular contests, are collectively referred to as the “Official Rules.”
(a) You must have a User Account to participate in any contests. Some of our contests may be restricted to persons who are 21 years of age or older.
(b) Employees of SpeedBrackets (“Employees”) and their Family Members are not eligible to participate in any Public Contests. “Family Members” includes the spouse, domestic partner, parents, grandparents, in-laws, children, siblings, and any other person who lives in the same residence. Employees and their Family Members may participate in Private Contests hosted by another Employee or Family Member of the person desiring to participate. Employees and related Family Members living in the same household as any Employees located in Colorado are not eligible to participate in any contests offering a prize.
(c) Amateur or professional athletes, coaches, team owners, team employees, referees or league officials, and their Family Members are not eligible to participate in any contests in the sport with which they are associated.
Prizes, if any, will be described in the specific rules each contest. No substitution or transfer of prize is permitted, except that SpeedBrackets reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). All taxes associated with the receipt of any prize are the sole responsibility of the winner.
3. Selection of Winner(s).
Winners are determined by the objective criteria described in the specific rules provided in connection with the contest. Entrants compete based on their analytical skills and knowledge of the particular sport. Winners will be determined at the time provided in the specific rules for each contest. Prizes will only be awarded if a contest is run to completion. We reserve the right to cancel contests at any time. In the event of a cancellation, no prizes will be awarded except as specifically provided in these Official Rules.
4. In-Game Options.
Contests may offer options that affect play. For example, a contest may offer you the chance to change your picks prior to the conclusion of a game. These options, their availability and the manner in which the options affect play or your point totals will be disclosed in the specific rules and instructions that apply to particular contests.
5. Conditions of Participation.
6. Entertainment Purposes Only.
Contests and games are for entertainment purposes only and may not be used for any form of gambling or wagering.
(a) We are not responsible for: any incorrect, invalid or inaccurate information supplied by you; technical malfunctions; human errors; failures, interruptions, deletions or defects of any communications network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any entrant's or any other person's computer or communications equipment relating to or resulting from participation in a contest; inability to access the Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or data of any kind; typographical, printing or other errors; or any combination of any of the foregoing.
Entries are deemed to be made by the Authorized Account Holder of the email address used in connection with entering the contest. The "Authorized Account Holder" is the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, we may, our sole discretion, require you to provide proof that you are the Authorized Account Holder and may utilize any information collected by us to assist in verifying the identity and/or eligibility of the Authorized Account Holder.
By entering a contest, you consent to the use of your name, identification of your hometown and state, voice and likeness/photograph in connection with the production, distribution, operation and marketing of any contest and/or the Services, without any right to review or approve any materials created or used, and without further consideration, except where prohibited by law. Winners of prizes may be required to attend press conferences, media events, and other promotional activites, at Sponsor’s expense, except where prohibited by law.
By entering into a contest, you agree to indemnify, release and to hold harmless SpeedBrackets, its affiliates and agents, as well as their officers, directors, employees, shareholders and representatives (collectively, the "Released Parties"), from all liability, claims or actions of any kind whatsoever, including but not limited to injuries, loss of life, damages, fines, penalties or losses to persons and property which may be sustained in connection with participation in the contest or the receipt, use or misuse of any prize, as well as any claims based on defamation, invasion of privacy or publicity rights. We may at any time require you to execute a separate release of claims as a condition of being awarded a prize.
VI. Disclaimer of Warranties & Limitation of Liability.
1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPEEDBRACKETS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. SPEEDBRACKETS DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY SPEEDBRACKETS OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPEEDBRACKETS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2. Any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to SpeedBrackets by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by SpeedBrackets or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of SpeedBrackets. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of SpeedBrackets and SpeedBrackets may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to SpeedBrackets any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At SpeedBrackets’ request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
VIII. ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
1. Informal Process First. You agree that in the event of any dispute between you and SpeedBrackets, you will first contact SpeedBrackets and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
2. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of SpeedBrackets’ services and/or products, including the Services, or relating in any way to the communications between you and SpeedBrackets or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and SpeedBrackets. However, this arbitration agreement does not (a) govern any Claim by SpeedBrackets for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SpeedBrackets are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to SpeedBrackets, Inc., Attn: Legal, P.O. Box 144, Lee, FL 32059. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Nevada law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with SpeedBrackets and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use the Service.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and SpeedBrackets each waive any right to a jury trial.
VIII. GENERAL PROVISIONS
3. Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by SpeedBrackets hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
4. U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Attention: Support Officer
872 West Heritage Park Blvd
Layton, UT 84041