TERMS AND CONDITIONS
BY USING THIS SITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS:
Swatpick.com is a service provided by [SwatPick Sports LLC, a ___________ limited liability company] (“SPSLCC”). By using the swatpick.com site and any of the features, services or products made available on swatpick.com you agree to all the terms and conditions set forth herein (the “Terms and Conditions”). If you do not agree with any of these Terms and Conditions, you must immediately discontinue use of the website and all its features, content and services.
For the purposes of these Terms and Conditions: (a) the “Site” shall mean the website swatpick.com; (b) “Content” shall collectively mean all features, content and information found on the Site or otherwise provided by SPSLCC; and (c) “Services” shall mean subscription or other services made available by SPSLCC on the Site
THE SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED FOR YOUR NON-COMMERCIAL ENTERTAINMENT AND ENJOYMENT. ALL CONTENT AND SERVICES ARE PROVIDED “AS-IS.” NEITHER SPSLCC NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, OR THE PROVIDERS, AUTHORS OR PUBLISHERS OF THE CONTENT (COLLECTIVELY, “SPSLCC’S RELATED PERSONS”) MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY OR COMPLETENESS FOR ANY OF THE CONTENT OR SERVICES FOR YOUR PARTICULAR NEEDS OR OTHERWISE. THE CONTENT AND SERVICES ARE USED AT YOUR OWN RISK. IN NO EVENT WILL SPSLCC OR ANY OF SPSLCC’S RELATED PERSONS BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE CONTENT OR THE SERVICES OR THE USE OF THE SITE, EVEN IF SPSLCC OR THE SPSLCC RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN ANY EVENT, THE TOTAL LIABILITY OF SPSLCC AND THE SPSLCC RELATED PERSONS TO YOU, WHETHER RELATED TO ANY CONTRACT CLAIM, TORT CLAIM, OR OTHERWISE, SHALL NEVER EXCEED THE PRICE PAID BY YOU FOR THE USE OF THE SITE, THE CONTENT AND THE SERVICES. NEITHER SPSLCC NOR ANY OF SPSLCC’S RELATED PERSONS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT MAKING THE CONTENT OR SERVICES AVAILABLE IN ANY JURISDICTION OUTSIDE THE UNITED STATES IS PERMITTED UNDER SUCH JURISDICTION’S LAWS OR REGULATIONS. ACCORDINGLY, IF MAKING ANY OF THE CONTENT OR THE SERVICES AVAILABLE IN YOUR JURISDICTION OR TO YOU IS PROHIBITED FOR ANY REASON, THOSE CONTENT OR SERVICES ARE NOT OFFERED FOR SALE OR OTHERWISE AVAILABLE TO YOU. YOU ACCEPT AND AGREE THAT IF YOU ARE LOCATED OUTSIDE THE UNITED STATES YOU MUST SATISFY YOURSELF THAT YOU ARE LAWFULLY ABLE TO PURCHASE AND USE THE CONTENT OR THE SERVICES THAT YOU CHOOSE TO PURCHASE OR USE. YOU AGREE THAT NEITHER SPSLCC NOR ANY OF THE SPSLCC RELATED PERSONS SHALL BE LIABLE FOR ANY COSTS, LOSSES OR DAMAGES RESULTING FROM OR RELATED TO THE PURCHASE OR ATTEMPTED PURCHASE OF ANY CONTENT OR SERVICES BY PERSONS LOCATED OUTSIDE THE UNITED STATES OR WHO ARE NOMINEES OF OR TRUSTEES FOR PERSONS LOCATED OUTSIDE THE UNITED STATES. NEITHER SPSLCC NOR ANY OF THE SPSLCC RELATED PERSONS MAKE ANY WARRANTY THAT (1) THE SITE, THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SITE, THE CONTENT OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE, THE CONTENT OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THE CONTENT OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree not to use the Site, the Content or the Services for any unlawful purpose or as prohibited by these Terms and Conditions or by any terms, conditions and notices set forth elsewhere on the Site. Persons under the age of 21 are prohibited from registering on the Site.
When using the Site, the Content or the Services, you agree not to: (1) violate any applicable laws or regulations; (2) send, upload, or download messages or materials that are inappropriate, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically or otherwise objectionable, or violate the intellectual property rights of SPSLCC or others; (3) misrepresent your identity or impersonate any person; (4) copy or duplicate or permit any third party to copy or duplicate any portion of the Site, the Content or the Services; (5) use the Site, the Content or the Services in any manner which could damage, disable, overburden, or impair the Site, computer systems, servers and networks; (6) interfere or attempt to interfere with any other person’s use of the Site, the Content or the Services; (7) use the Site, the Content or the Services in a manner that results in excessive bandwidth, data transfer or server usage, as determined by SPSLCC; (8) charge others to use the Content or the Services, either directly or indirectly; (9) attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by SPSLCC in connection with the Site, the Content or the Services.
None of the Content and the Services shall be sold or distributed without prior written consent from SPSLCC. Certain of the Content is copyrighted by SPSLCC. SPSLCC makes no claim to any materials included in the Content that may be copyrighted by third parties or that may be part of the public domain.
You agree not to disclose any account information or account passwords or access codes to any third party or allow any third party to access or use the Content or the Services on your behalf. You agree to immediately notify SPSLC of any unauthorized use of your account information. SPSLCC shall not be liable for any damage or loss arising from any unauthorized use of your account.
With respect to any information, images, ideas, concepts, suggestions or other content that you transmit, submit, post or upload to the Site and/or in connection with any of the Content or the Services, you are, by transmitting or uploading such matter, granting SPSLCC a perpetual, royalty-free, sub-licensable, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such matter for any purpose and in any form.
The Site contains links to other Internet sites. SPSLCC does not verify, represent, warrant, endorse or take any responsibility for the availability, accuracy, completeness or quality of the content contained in any site that may be linked from the Site.
These Terms and Conditions may be modified by SPSLCC at any time and from time to time as SPSLCC may elect in its sole and absolute discretion. Your use of the Site, the Content or the Services after the date of any such modification shall constitute your agreement agree to be bound by all such modifications.
By providing contact information to SPSLCC, you understand and agree that SPSLCC and/or certain of the SPSLCC Related Persons may send you communications, including email and text communications, as applicable, which may include but are not limited to notices about the Content and the Services and the use thereof, and promotional information and materials regarding the Content and the Services.
All judgments concerning the applicability and any violation of these Terms and Conditions shall be made in the sole and absolute discretion of SPSLCC. SPSLCC reserves the right, in its sole and absolute discretion, to determine whether and what action to take in response to any violation, which action may include, but shall not be limited to, suspension or termination of access to the Content and the Services. SPSLCC may terminate access to the Site, the Content, and the Services at any time, without cause and without any requirement of notice.
SPSLCC may assign or transfer any or all of its rights under these Terms and Conditions at any time, without any requirement of notice.
The Site is created and controlled by SPSLCC in the State of Illinois. The laws of the State of Illinois shall govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. Any claim arising from the Site, the Content, the Services, or these Terms and Conditions shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Illinois before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. By using the Site, the Content and/or the Services, you hereby irrevocably and unconditionally (1) consent to submit to the jurisdiction of the State of Illinois for any litigation arising out of or relating to use of the Site, the Content and the Services (and you agree not to commence any litigation relating thereto except in such courts); (2) waive any objection to venue in the Illinois courts; and (3) agree not to plead or claim in any Illinois court that such litigation brought therein has been brought in an inconvenient forum. ANY CLAIMS ARISING FROM THE SITE, THE CONTENT, THE SERVICES, OR THESE TERMS AND CONDITIONS MUST BE SETTLED INDIVIDUALLY, AND WITHOUT RESORTING TO ANY FORM OF CLASS ACTION.
If any provision of theses Terms and Conditions is found to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent possible, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Content or the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
