LEGAL NOTICE & DISCLAIMER

WEBSITE TERMS OF USE

Last Modified: 2/14/19 This website, www.college-pickem.com/{{companycode}}, is made available by {{name}} ("{{name}}") and use of the site, including any content, functionality, and services offered through or on the website are governed by these Terms of Use (the "Terms"). By using the Website, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, do not access or use this website.

Changes to the Terms

{{name}} may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted, and continued use of the website following the posting of revised Terms means that you accept and agree to the changes.

Accessing the Website

{{name}} reserves the right to modify this site, and any service or material provided on the website, in its sole discretion without notice. User is responsible for making all arrangements necessary for you to access the website, and ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms.

If user chooses, or are provided with, a user name, password, or any other piece of information as part of our security procedures, user must treat such information as confidential, and user must not disclose it to any other person or entity. The user also acknowledges that your account is personal to only you and agree not to provide any other person with access to this website using your user name, password, or other security information. User agrees to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. {{name}} reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by {{name}}, at any time.

Intellectual Property Rights

The website and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by {{name}} or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. User may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as permitted by these Terms.

4. Duration

This Contest/Game will run between 12:01 a.m. EST on August 24, 2019 until 11:59 pm EST on January 14, 2020.

Trademarks

{{name}}'s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of {{name}} or its affiliates or licensors. User may not use such marks without the prior written permission of {{name}}. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.

Prohibited Uses

User agrees not to use the website in any way that violates any applicable federal, state, local, or international law, or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). User also agree not to use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including, but not limited to, introducing malware onto the Website, using automated means to access the website, or using devices, software or routines that interfere with proper operation of the website.

Copyright Infringement

If you believe that any portion of this Website violates your copyright, please email us a notice of copyright infringement to gorillamartin@comcast.net

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. {{name}} does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by {{name}}, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of {{name}}. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties

Changes to the Website

{{name}} may update the content on this Website from time to time, but while {{name}} makes an effort to keep the content current, {{name}} does not warrant or guarantee that the content will be complete or up-to-date at any given time.

Linking to the Website and Social Media Features

User may link to {{name}}'s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of {{name}}'s reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by {{name}}.

The website may provide certain social media features. User may use these features solely as they are provided by {{name}}, solely with respect to the content with which they are displayed and in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with us in promptly removing any unauthorized framing or linking of the Website. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. {{name}} has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

{{name}} provides this website for use by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

{{name}} cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, {{name}} WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER {{name}} NOR ANY PERSON ASSOCIATED WITH {{name}} MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER {{name}} NOR ANYONE ASSOCIATED WITH {{name}} REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, {{name}} HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL {{name}}, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless {{name}}, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website other than as permitted by these Terms.

Governing Law and Jurisdiction

All matters relating to the Website, these Terms, or your use of the Website, shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the City of Marietta and County of Cobb. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by {{name}} of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of {{name}} to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms constitute the sole and entire agreement between you and {{name}} regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Legal Age

This Website is offered and available to users who are at least the age of majority in the state where they reside. By using this Website, you represent and warrant that you are of legal age to form a binding contract with {{name}}.

Your Comments and Concerns

This Website is operated by {{name}} Company.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [gorillamartin@comcast.net].