ACCEPTANCE OF TERMS
This website is owned and operated by Gridiron Games, LLC. Gridiron Games, LLC offers its information, tools and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
The failure of Gridiron Games, LLC 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 (apart from compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
MODIFICATION OF TERMS
Gridiron Games, LLC reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time and will be reflected by the “Last updated” date above. It is your responsibility to check periodically for changes and become familiar with any such modifications. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If a revision to the Terms, in our sole discretion, is deemed material, we will notify you by contacting you through the email address associated with your account.
DESCRIPTION OF SERVICE
Gridiron Games, LLC provides an online platform for users to create, host, and manage football pools. This includes but is not limited to Pick’em pools, Survivor pools, Maxout pools, and Super Bowl Squares pools. In addition to core functionality of the games, Gridiron Games, LLC also provides ancillary features and services to members such as pool statistics and forums. Unless explicitly stated otherwise, any new features that augment or enhance the current website and its services shall be subject to the Terms of Service.
Gridiron Games, LLC also provides team statistics, matchups, games scores, and other useful information pertaining to the National Football League (NFL). All of this information is to be used for entertainment purposes only and should be considered unofficial. While Gridiron Games, LLC will use reasonable efforts to include accurate and timely information, we do not warrant or make any representations of any kind with respect to the information provided to you. Gridiron Games, LLC is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, and shall not be responsible or liable for any error or omissions in that information.
Gridiron Games, LLC will make every reasonable effort to compose software and programs that are compatible with the major browsers and operating systems generally in use on the internet, and every reasonable effort to ensure these programs are free of defects. Gridiron Games, LLC will not accept responsibility for any consequences resulting from disruptions in service and/or incompatibility between its software and programs and those of any users. In addition, Gridiron Games, LLC is neither responsible nor liable for any telecommunication or internet service costs you incur while using our service.
ENTERTAINMENT PURPOSES ONLY
All services provided on our website are strictly for entertainment purposes only and may not be used for or in conjunction with any illegal activities. You agree that Gridiron Games, LLC will not be liable or responsible for any user activity that may violate any law of the user’s jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the website will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the website.
CONDITIONS OF PARTICIPATION
In order to access and participate in the services provided by Gridiron Games, LLC you must:
- Be 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
- Register an account using current, accurate, and complete information about yourself
- Provide a valid email address and supply a username that Gridiron Games, LLC, in our sole discretion, does not deem offensive
- Agree to receive certain commercial communications from Gridiron Games, LLC as part of your registration, with the understanding that, to the extent required by law, you may opt out of receiving these communications at any time
USERNAME, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify Gridiron Games, LLC of any unauthorized use of your username or any other breach of security, and (b) ensure that cookies on your machine are managed in a secure manner. Gridiron Games, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
RESERVATION OF RIGHTS
Gridiron Games, LLC expressly reserves the right to immediately modify, suspend or terminate any of its services (including future use) if you have violated or acted inconsistently with the spirit or letter of the Terms of Service. Gridiron Games, LLC expressly reserves the right to modify or discontinue service, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that Gridiron Games, LLC will not be liable to you or to any third party for any modifications or discontinuance of service.
You agree to release and to indemnify, defend and hold harmless Gridiron Games, LLC and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of our website or violation of these Terms of Service. Gridiron Games, LLC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Gridiron Games, LLC in the defense of such matter.
You expressly understand and agree that your use of our website is at your sole risk. Our website and its services and content are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Gridiron Games, LLC has no control over, and no duty to take any action regarding: which users gain access to or use the website; what effects the website may have on you; how you may interpret or use the website; or what actions you may take as a result of having been exposed to the website. Gridiron Games, LLC makes no representations concerning any content contained in or accessed through the website, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE AND THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. EXCEPT AS WHERE LIMITED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GRIDIRON GAMES, LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR IF GRIDIRON GAMES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. 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 OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
We may provide links to other World Wide Web sites, applications or resources. Because Gridiron Games, LLC has no control over such sites, applications and resources, you acknowledge and agree that we are not responsible for the availability of such external sites, applications or resources, and do not endorse or are 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 Gridiron Games, LLC 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.
GOVERNING LAW, JURISDICTION, AND VENUE
The Terms of Service and the relationship between you and Gridiron Games, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You irrevocably submit and consent to the exclusive jurisdiction and venue of the California State courts in and for Orange County, California.
INVALIDITY OF SPECIFIC TERMS
If any provision of this Terms of Service or any document incorporated by reference 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 such documents remain in full force and effect.