As Of 06/15/2017
1. Acceptance of Terms of Service.
By using this Website and/or creating an account and becoming a member, you accept and agree to all terms, conditions and notices contained or referenced on the website ("Terms of Service"). Please read the following Terms of Service carefully. If you do not agree to the Terms of Service, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, you agree to and are bound by these Terms of Service. Provider reserves the right to change the Terms of Service at any time, without prior notice to any Website visitor ("User" or "You"). For this reason, we encourage you to review these Terms of Service whenever you use our Website. If you breach any of the Terms of Service, your authorization to use this Website automatically terminates. This current Terms of Service was last updated on Monday, June 12, 2017.
2. Account Responsibility.
When you create your Account, you represent that you are at least the age of majority of your applicable jurisdiction of residence which is twenty-one (21) years of age in the United States and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider 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). You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges).
3. Local Laws, Service Not Available in Some States.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Website and the Service. Access to the Website may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction and Provider does not make any representation or warranty, express or implied, as to the lawfulness of your participation in or use of Service on this Website are appropriate for use in your Jurisdiction. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in the Service offered on the Website while located in a prohibited Jurisdiction, you will be in violation of the law of such Jurisdiction and these Terms of Service, and subject to having your account suspended or terminated.
4. Price and Payment.
You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under your Account. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. You agree that any purchases made by you via credit card are specifically authorized to be charged to the credit card given by you at the time of purchase. Any services can be canceled at anytime for any reason by the Provider without notice or refund. Payment processing portal used for all transactions on Provider website is PayPal. Cappers Connection will process all transactions between handicappers and their members. Cappers Connection keeps 10% of the total handicappers sales or $10, which ever is greater each month. All Payments to handicappers from Cappers Connection are made once per month and paid via PayPal. No refunds on any charges collected from the handicappers for any reason.
5. Service Content, Submissions and Scam Complaints
By submitting any content to Provider, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto
- All "moral rights" that you may have in such content have been voluntarily waived by you
- All content that you post is accurate
- You are at least 18 years old; and that
- Use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully
threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Provider (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Provider, including its affiliates and subsidiaries, a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium, product or technology throughout the world without compensation to you.
All content that you submit may be used at Provider’s sole discretion. Provider reserves the right to change, condense or delete any content on Provider’s Website that Provider deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Service. Provider does not guarantee that you will have any recourse to edit or delete any content you have submitted. Written comments are generally posted within two to four business days. However, Provider reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Provider, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Provider, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Provider is not responsible for the content or accuracy of any reviews or complaints posted for any individual, service, or company.
6. Privacy and Protection of Personal Information.
7. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website and Service is at User's sole risk. Provider nor any of its respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider, or the like, warrant that websites affiliated with Provider, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized spokesperson. Advertisers, content providers, User, guests, independent writers and experts are not authorized spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
- A. Disclaimer of Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND ANY SOFTWARE, IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 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.
- B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.