DOCUMENTEDHANDICAPPERS.COM - ACCEPTANCE OF TERMS OF USE
Please review the following terms and conditions carefully. This agreement (the Terms of Use") is a legally binding contract between you (You" or Your") and DocumentedHandicappers.com, LLC, We," Us,","DH" or Our"). This agreement governs Your use of any Website or Web page operated by DocumentedHandicappers.com, LLC, including, but not limited to, documentedhandicappers.com (the Site"). If You do not agree to these terms, You should not review information on or use the Site. Although You may bookmark a particular portion of this Site and/or bypass the Terms of Use, Your use of the Site still binds You to these Terms of Use.
Through the Site, DocumentedHandicappers.com, LLC offers access to certain goods, such as merchandise and accessories (collectively, the Goods"), as well as providing certain features and services, including, but not limited to, statistical review, handicapper picks, and other interactive and non-interactive features (collectively, the Services"). These Terms of Use govern Your access to the Site, Your use of the Services, or any purchase of the Goods.
In addition, when accessing the Site, using any Services, or purchasing any Goods, You will be subject to any applicable posted guidelines or rules. All such additional guidelines or rules are hereby incorporated by reference into the Terms of Use. To the extent that any such applicable posted guidelines or rules are in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
DocumentedHandicappers.com, LLC does not allow persons under the age of 21 to use its Site or Services or purchase any Goods. Thus, if You are a person under the age of 21, You may not visit or use the Site.
PASSWORDS AND SECURITY
To open a user account, You must complete the registration process by providing DocumentedHandicappers.com, LLC with current, complete and accurate information as prompted by the applicable registration form. In registering for the Services, You agree to submit accurate, current and complete information about You and promptly update such information, if applicable. Should DocumentedHandicappers.com, LLC suspect that such information is untrue, inaccurate, not current or incomplete, DocumentedHandicappers.com, LLC has the right, but not the obligation, to suspend or terminate Your access to the Site or use of the Services and/or seek updated information from You.
Your right to use the Site is not transferable. Any password or right given to You to obtain information or document is not transferable, and shall be held strictly confidential. You are solely responsible for any and all activities that occur under Your account and for maintaining the confidentiality of Your account and password. Accordingly, You should restrict access to Your computer or, if using a public computer, ensure that You exit or log-off from Your Account at the end of each session of use. If You are conducting this session on a public computer or are otherwise using a computer to which multiple people have access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off the Site and the computer system You are using to prevent unauthorized access to Your account with DocumentedHandicappers.com, LLC.
You agree to notify DocumentedHandicappers.com, LLC immediately of any unauthorized use of Your password or account or any other breach in security that is known or suspected by You. Guest accounts cannot be shared or used by more than one individual.
PRODUCT AND PROMOTIONAL PRICING AND AVAILABILITY
DocumentedHandicappers.com, LLC will not be responsible for typographical or other errors or omissions regarding prices or other information found on the Site regarding Goods or Services. All product sales and promotions are subject to these Terms of Use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change.
Please note that this policy applies only to products sold and shipped by DocumentedHandicappers.com, LLC. Your purchases from third-party sellers using payments through the Site are charged at the time You place Your order, and third-party sellers may follow different policies in the event of an error or omission regarding pricing or other information.
PROPRIETARY RIGHTS RESTRICTIONS
All material on the Site, including, without limitation, all informational text, design of and look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by DocumentedHandicappers.com, LLC or other parties that have licensed their material to DocumentedHandicappers.com, LLC, and are protected by copyright, trademark, and other intellectual property laws. Trademarks, logos, images, audio, and service marks displayed on the Site are the property of either DocumentedHandicappers.com, LLCor other third parties; You agree not to display or use such property without DocumentedHandicappers.com, LLCprior written permission.
The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of DocumentedHandicappers.com, LLC. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of DocumentedHandicappers.com, LLC, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
DocumentedHandicappers.com, LLC alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by You relating to the Site and/or the Services (Submissions"), and You agree to and hereby assign such Submissions to DocumentedHandicappers.com, LLC free of charge. DocumentedHandicappers.com, LLC may use or not use such Submissions as it deems appropriate in its sole discretion. For any Submissions that cannot be legally assigned to DocumentedHandicappers.com, LLC, You hereby grant DocumentedHandicappers.com, LLC an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and You agree that DocumentedHandicappers.com, LLC is free to use any ideas, concepts, know-how or techniques that You send DocumentedHandicappers.com, LLC for any purpose whatsoever, with no compensation to You. You also hereby waive any moral rights associated with the Submissions.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Us on the Site and other than generally available third party web browsers (e.g., Chrome, Safari, Netscape Navigator, Microsoft Explorer).
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPORTS HANDICAPPING SERVICE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTS HANDICAPPING SERVICE, LLC OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.