Americas Pool Terms of Service


INTRODUCTION

AmericasPool.com is a service for entertainment purposes provided to you and subject to the following Terms of Service (TOS). The TOS may be updated occasionally without notice. This agreement is a contract between you and AmericasPool.com and applies to your use of AmericasPool.com services. By establishing a membership and account with AmericasPool.com you agree with and accept all of the terms and conditions contained in this agreement.

DESCRIPTION

AmericasPool.com offers various Internet-based Services related to sports pools through is website www.AmericasPool.com (the "Website") (collectively the "Services"). AmericasPool.com reserves the right to add or delete any of its Services at any time. AmericasPool.com may, at its option offer a number of other additional Services in the future through its Website. If additional Services are offered, AmericasPool.com may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services.

LICENCING

AmericasPool.com grants you a personal, non-transferable, limited, revocable license to access and use the Website and the Services for their intended purposes only, subject to your compliance with these TOS. You may not collect or otherwise use information contained on the Website for any purpose which is not directly related to your use of the Website or Services, including, but not limited to any Prohibited Purpose as determined by AmericasPool.com. Examples of "Prohibited Purposes" as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Website, making copies of the Website for purposes other than standard web browser cashing, or use of the information for the purpose of competing with AmericasPool.com. Any use of the Services or the Website that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to you.

USAGE

AmericasPool.com is a service for entertainment only. AmericasPool.com does not promote or conduct illegal activity. In connection with your use of AmericasPool.com, your account, the services we provide, your interactions with AmericasPool.com and its representatives, users or a Third Party, you will not: A) Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition or anti-discrimination). B) Infringe on AmericasPool.com's or third party's copyright, patent, trademarked, trade secret or other intellectual property rights or rights of publicity or privacy. C) Act in a manner that is defamatory, libelous, unlawfully threatening or unlawfully harassing. D) Provide false, inaccurate or misleading information. E) Control an account that is linked to another account that has engaged in any of these restricted activities. F) Conduct yourself or use the service in a manner that results in or may result in complaints, disputes, claims, or other liability to AmericasPool.com, a user or third party. G) Send unsolicited email to a user or use the service for purposes of advertising, sales or spam. H) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. I) Facilitate any viruses, Trojan Horses, worms or other computer programming routines that my damage any system, data or Information. J) Use any robot, spider or automatic device or manual process to monitor or copy our website. K) Take any action that may cause us to lose any of the services from our internet service providers, payment processors or other suppliers. If you engage in any restricted activities, we may take various actions to protect AmericasPool.com. Those actions may include but are not limited to: Deletion of your account, deletion of your pool, updating inaccurate information, refusal of service to you in the future, or taking legal action against you. If we close your pool which has been already paid for by you, we will provide you with notice of our actions. If we limit access to your pool, we will provide you with notice of our action and the opportunity to request restoration of access if appropriate.

POOL MANAGEMENT

Anyone designated a pool manager has the responsibility to update content or information directly related to their pool. AmericasPool.com is not responsible for actions of the pool manager affecting their pool's content, scores, leader board, or other guiding elements in the management of pools. Any negative results direct or indirect arising from participation in a pool is not the responsibility of AmericasPool.com, its owners, subsidiaries, employees or suppliers.

INTELLECTUAL PROPERTY

"Americaspool.com", "Americaspool.net", "Americaspool.us", "AmericasPool.com", "Americaspool" and all related logos, products and services described in our website are trademarks of AmericasPool.com . You may not copy, imitate, or use them without AmericasPool.com's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are intellectual property of AmericasPool.com. You may not copy, imitate, or use them without our prior written consent.

TERMINATION / CLOSING YOUR ACCOUNT

AmericasPool.com may suspend or terminate your use of the Website or the Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. Notwithstanding AmericasPool.com's termination of your permission to use the Website or Services, these TOS will survive indefinitely unless and until AmericasPool.com chooses to terminate them. You may close your account and delete your membership at any time by logging into your account and selecting the option to close/delete. By doing so, your information is removed from our database and your account is removed from any pools you have joined and AmericasPool.com.com will have no liability to you or any third party for doing so.

DISPUTE RESOLUTION

Any and all disputes arising out of, relating to or connected with these TOS or your use of any part of the Services or the Website will be exclusively resolved under confidential binding arbitration held in City and County of Denver, Colorado before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Colorado law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in the City and County of Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Colorado State courts in the City and County of Denver, Colorado. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with these TOS or your use of any part of the Services or the Website must be asserted individually. Notwithstanding anything to the contrary in this Section, AmericasPool.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

CHOICE OF LAW

These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principals.

ENTIRE AGREEMENT

These TOS, all of the policies and other Agreements mentioned in these TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

NO WAIVER

No failure or delay by a party in exercising any right, power, or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

NO PARTNERSHIP OR JOINT VENTURE

You and AmericasPool.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.

SEVERALBILITY

The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

AGE

In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13.

MONITORING

AmericasPool.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If AmericasPool.com determines, in its sole and absolute discretion, that you or another AmericasPool.com User will breach a term or condition of these TOS or that such transaction or communication is inappropriate, AmericasPool.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

MODIFICATION OF THE SERVICES

AmericasPool.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website without any further notice to you. For certain changes to the TOS, AmericasPool.com may, at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your only recourse is to discontinue the use of our Website and Services. Your continued use of the AmericasPool.com Website following the posting of a change notice or new TOS on the Website will constitute affirmative and binding acceptance by you of the changes.

THIRD PARTY SERVICES

AmericasPool.com may, in its absolute discretion use third parties to provide certain Services. These third party independent contractors and vendors and are not related to AmericasPool.com and AmericasPool.com does not exercise any control or supervision over such contractors and vendors or the Services that they provide. You agree that AmericasPool.com will not be liable to you in any way for the use of such third party Services. These third parties may have their own terms of use and other policies which govern their Services. Buy utilizing these Services you agree comply with such terms and policies. In the event of a conflict between AmericasPool.com's and a third party's TOS, rules or policies, AmericasPool.com's TOS, rules, or policies shall govern.

ASSIGNMENT

The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS are not assignable or transferable by you without the prior written consent of AmericasPool.com.

LIABILITY LIMIT

IN NO EVENT SHALL AMERICASPOOL.COM OR IT'S OWNERS, SUBSIDIARIES, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.

WARRANTY DISCLAIMER

AMERICASPOOL.COM PROVIDES THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMERICASPOOL.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS. AMERICASPOOL.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

INDEMNITY

You will indemnify and hold AmericasPool.com and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense, including without limitation, attorneys' fees and costs, incurred in connection with any third-party claim, demand, or action (a "Claim") brought against any of the Indemnified Parties alleging that you have breached any of these TOS through any act or omission. If you are required to indemnify AmericasPool.com under this Section, AmericasPool.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without AmericasPool.com's prior express written consent.

PRIVACY

In the course of offering the Services and operating the Website, AmericasPool.com collects certain Personal Information and Non Personal Information from you. By entering into these TOS, you agree to AmericasPool.com's collection, use, and disclosure of your Personal Information in accordance with AmericasPool.com's Privacy Policy, which is hereby incorporated by reference. You have the option to not provide a pool manager with your real name, address or phone numbers. You can review your personal information and make necessary changes at any time by logging in to your account and changing your preferences. As a member of AmericasPool.com, you are responsible for maintaining confidentiality of your information. If misuse of your information is evident, you are to immediately inform AmericasPool.com of unauthorized usage and access. AmericasPool.com is not liable for any loss or damage resulting in usage of your account.