Wagerocity.com provides the Website, the Content, and the Services to you subject to the following Terms of Service ("Terms"). The Terms may be updated by us from time to time. We suggest that from time to time you review the Terms for possible changes. You will be subject to any rules or guidelines that pertain to the content or services provided.
SERVICES AND CONTENT
Wagerocity.com provides users with various services, including free sportsbook wagering, handicapper picks, and other interactive features of an online community, all of which may be updated, deleted, or modified from time to time at the discretion of Wagerocity.com. In addition, Wagerocity.com provides certain photographs, text, images, statistics, logos, and other media and intellectual property related to Wagerocity.com. Unless stated otherwise, the Website, the Services, and the Content are subject to the Terms. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment. Under the Terms, you may access any information on Wagerocity.com but do not have the right to distribute, modify, or republish without written consent.
DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the website, services, and content are at your sole risk. Wagerocity.com will not warranty that the website, services, and content is not interrupted or that any software issues will be corrected. It will not warranty that there will not be errors in the results or information provided. You understand and agree that Wagerocity.com will not be liable for damages as a result of the website, services, or content provided.
ACCESS BY MINORS
You must be at least 18 years old to register and claim prizes at Wagerocity.com. If you are under 18 years of age, you are not permitted to use the Websites or the Services or to access the Content.
You agree with your use of the website, content, or services that you will not: - Upload, transmit, or post any content that infringes on any patent, trademark, or copyright; - Upload or post anything to promote, advertise, or solicit for any commercial purposes; - Upload or post any content that is malicious, harassing, defamatory, or racial motive in nature; - Violate any local, state, or national laws
FREE SPORTSBOOK WAGERING
Wagerocity.com will offer free sports wagering. As part of this service, we reserve the right to solicit some of this information at our discretion. Any compensation for this information will be spelled out in the site FAQ’s. We reserve the right to change the compensation at our discretion without prior notification.
Wagerocity.com reserves the right to modify or eliminate any of the website or services available without prior notification.
Wagerocity.com will reserve the right to terminate any users right to use the website at our sole discretion. We have the right to terminate if we believe the user has violated any of the terms in this agreement. We may delete your account, account information, and password without prior notice and ban future access.
You agree to hold Wagerocity.com, directors, owners, employees, and partners harmless to any claims for your participation throughout the website. This includes posts, articles, and participation in any of our services.
Unless previously consented by Wagerocity.com, you agree not republish, transmit, email, post, or distribute any proprietary information provided by the website. Any violation could result in punishment to the fullest extent of the law.
To use certain functions of the website, you will be required to register with Wagerocity.com. You must provide your email address and name. In order to use these functions, you agree to provide information that is accurate and true. If you provide any information that is untrue or false, we reserve the right to suspend or terminate your account.
Any messages, posts, articles, videos, photos, strategies, or ideas that are posted, uploaded, or transmitted on Wagerocity.com will be granted a royalty-free license to reproduce, publish, and distribute for any purpose. Wagerocity.com reserves the right to monitor and review participant’s messages, posts, articles, and videos and have the right delete or edit at its sole discretion. Wagerocity.com may monitor its posts, articles, videos, and messages it does not assume liability or responsibility for errors, defamatory content, profanity, or pornography.
Any transactions, business dealings, or correspondence with any advertisers are solely between the users and the advertiser. Wagerocity.com is not liable for any damages or losses as a result of any transactions or dealings with advertisers associated with Wagerocity.com.
Wagerocity.com makes no guarantee that the information purchased will meet your expectations, be error-free, or accurate. All sales and transactions are final once purchased through the website.
LEGAL NOTICE REGARDING TERMS OF SERVICE OF WAGEROCITY
PLEASE READ THESE TERMS OF SERVICE BEFORE USING WAGEROCITY. YOUR LEGAL RIGHTS AND OBLIGATIONS ARE AFFECTED BY THESE TERMS OF SERVICE.
You agree to these Terms of service by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE. These Terms of service constitute a legal agreement between you and WAGEROCITY, and shall apply to your use of the Website and the Services even after termination.
You must be at least 18 years of age to open an account, participate in contest or pools, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age at time of contest or pool registration if you are a legal resident of Alabama or Nebraska. Legal residents physically located in any of the 50 states and Washington DC, excluding Arizona, Iowa, Louisiana, Montana, Washington, and Quebec, Canada are eligible to open an account and participate in contest or pools offered by the Website. Legal residents of Arizona, Iowa, Louisiana, Montana, and Washington (the "Excluded States") are ineligible for prizes offered by the Website. Residents of the Excluded States are eligible to open and maintain accounts on the Website for use only in games that do not offer prizes. With the exception of Quebec, legal residents of Canada are eligible to open an account and participate in contest or pools offered by the Website.
You may establish only one account per person to participate in the Services offered on the Website. In the event WAGEROCITY discovers that you have opened more than one account per person, in addition to any other rights that WAGEROCITY may have, WAGEROCITY reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of service to allow any other person to use your account to participate in any contest or pool. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money contest or pools, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of service for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
WAGEROCITY employees may use the Website, and will from time to time do so for the purpose of testing the site user experience, socializing and competing with customers to build community, and other reasonable and fair uses at the discretion of WAGEROCITY.
CONTEST OR POOL PRIZES AND PROMOTIONS
Prizes will only be awarded if a Contest or pool is run. We reserve the right to cancel Contest or pools at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of service.
Guaranteed prizes are offered in connection with some of the Contest or pools offered by the Website. Each Contest or pool or promotion is governed by its own set of official rules. We encourage you to read such Contest or pool and promotions Rules before participating.
CONTEST OR POOL ENTRY
Users will be able to visit the Website and view the pools available for entry (the "Contest or pools"). Each individual Contest or pool that is not free to enter has an entry fee listed in US dollars. When you select to participate in a Contest or pool and complete the entry process, the listed amount of US dollars will be debited from your WAGEROCITY account.
All payments are final. No refunds will be issued for any reason. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
CONDITIONS OF PARTICIPATION
By entering a Contest or pool or Pool, entrants agree to be bound by these Rules and the decisions of WAGEROCITY, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Contest or pool, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or pool or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
- Falsifying personal information required to enter a Contest or pool or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or pool or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Any violation of Contest or pool rules or the Terms of service;
- Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
- Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
- Tampering with the administration of a Contest or pool or trying to in any way tamper with the computer programs or any security measure associated with a Contest or pool;
- Obtaining other entrants information and spamming other entrants; or
- Abusing the Website in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent WAGEROCITY from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Contest or pool or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless WAGEROCITY, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest or pool, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. WAGEROCITY may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
WAGEROCITY is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or 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 or pool), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest or pool; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
If for any reason a Contest or pool is not capable of running as originally planned, or if a Contest or pool, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest or pool in accordance with the Terms of service or applicable Contest or pool rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of WAGEROCITY corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest or pool, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest or pool, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST OR POOL IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WAGEROCITY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of WAGEROCITY and will not be acknowledged or returned.
To be eligible to enter any contest or pool or receive any prize, the Authorized Account Holder may be required to provide WAGEROCITY with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, WAGEROCITY will, in its sole and absolute discretion, utilize certain information collected by WAGEROCITY to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Participation in each Contest or pool must be made only as specified in the Terms of service. Failure to comply with these Terms of service will result in disqualification and, if applicable, prize forfeiture.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or pool or the Website. Winners agree that from the date of notification by WAGEROCITY of their status as a potential winner and continuing until such time when WAGEROCITY informs them that they no longer need to do so that they will make themselves available to WAGEROCITY for publicity, advertising, and promotion activities.
WAGEROCITY reserves the right to move entrants from the Contest or pools they have entered to substantially similar Contest or pools in certain situations determined by WAGEROCITY in its sole discretion.
OTHER LEGAL RESTRICTIONS
CONTEST OR POOL OF SKILL
Contest or pools offered on the Website are contest or pools of skill. Winners are determined by the objective criteria described in the Contest or pool deadline, rules, and any other applicable documentation associated with the Contest or pool. From all entries received for each Contest or pool, winners are determined by the individuals who use their skill and knowledge of relevant sports information to accumulate the most points according to the contest or pool rules and date ranges. The Website and Contest or pools may not be used for any form of illicit gambling.
CONTEST OR POOL STATISTICS AND LIVE SCORING
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the WAGEROCITY Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contest or pools. While WAGEROCITY and the third parties used to provide the WAGEROCITY Services use reasonable efforts to include accurate and up-to-date information, neither WAGEROCITY nor its third party providers warrant or make any representations of any kind with respect to the information provided through the WAGEROCITY Website and related information sources. WAGEROCITY and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the WAGEROCITY Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
CONTEST OR POOL RESULTS
Contest or pool results are based on the final standings and results at the completion of the last professional sports game of each individual Contest or pool. Once Contest or pool results are reviewed and graded, a winner will be determined. In the event of a tie, WAGEROCITY reserves the right to decide the winner or award all the participants as winners that have tied.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, WAGEROCITY may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the WAGEROCITY Website. WAGEROCITY may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
These Terms of service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and WAGEROCITY that arises in whole or in part from the Terms of service, the Website or any Contest or pool shall be decided exclusively by a court of competent jurisdiction located in Illinois.
Nothing in the Terms of service shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and WAGEROCITY.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with WAGEROCITY or in any way affiliated or associated with the Contest or pools.
Third-party online publishers that refer users to the WAGEROCITY website shall not be responsible or liable for the WAGEROCITY website or any of the content, software, or functions made available on, or accessed through, or sent from, the WAGEROCITY website.
If any provision of these Terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of service, which shall remain in full force and effect.
No waiver of any term of these Terms of service shall be deemed a further or continuing waiver of such term or any other term, and WAGEROCITY' failure to assert any right or provision under these Terms of service shall not constitute a waiver of such right or provision.
WAGEROCITY reserves the right to amend these Terms of service at any time and without notice, and it is your responsibility to review these Terms of service for any changes. If you continue to use the Services after we change the Terms of service, you accept all changes. The failure of WAGEROCITY to comply with any provision of these Terms of service due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of service.
WAGEROCITY AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF WAGEROCITY IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to WAGEROCITY, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WAGEROCITY reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to WAGEROCITY, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of service and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to WAGEROCITY the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
ARBITRATION, CONSENT TO JURISDICTION IN ILLINOIS, ATTORNEY'S FEES
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and WAGEROCITY waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Dupage County, Illinois, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Massachusetts, provided that:
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and WAGEROCITY agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Dupage County, Illinois (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and WAGEROCITY waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.