1. ACCEPTANCE OF TERMS
BetterPool LLC ("BetterPool") provides its services subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.BetterPool/tos.cfm. In addition, when using specific BetterPool services, both you and BetterPool shall be subject to any posted guidelines or rules applicable to such services which may be changed from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
BetterPool provides pool commissioners with a web-based platform for creating, hosting, and managing sports/pop-culture pools. All of our pools are private, and are run at the sole discretion of the pool commissioner, who controls and has access to all settings, rules, picks, and other elements associated with their pool. By joining a private pool, pool participants accept that the pool commissioner has FULL CONTROL over their pool, and must address any concerns directly with them.
BetterPool provides its pool management service to pool commissioners for a small fee. There is no charge for pool participants. By agreeing to these terms of service, pool commissioners agree to either pay the full service fee (after the free trial period) or have access denied to their pool until such time as full payment is received by BetterPool. Due to costs we incur for server resources and payment processing, all sales are final.
3. ENTERTAINMENT PURPOSES ONLY
All services provided by BetterPool are for ENTERTAINMENT/MARKETING PURPOSES ONLY and may not be used in connection with any form of gambling or wagering.
4. RESERVATION OF RIGHTS
BetterPool expressly reserves the right to immediately modify, suspend or terminate any of it's services (including future use) if you have violated or acted inconsistently with the spirit or letter of the Terms of Service. BetterPool expressly reserves the right to alter it's pool offerings (including changes to features and functionality) or to discontinue service, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that BetterPool will not be liable to you or to any third party for any modifications or discontinuance of service. You shall not sell, resell, or make available to any third party any data or information available through any of BetterPool's services in exchange for anything of value.
5. SERVICE INTERRUPTION
BetterPool will make every effort to provide uninterrupted access to it's services. However, BetterPool makes no guarantees that it's service will be available at all times. Such occurrences as extremely high website
traffic, denial of service attacks, power outages, natural disasters, changes in law, strikes, etc. may from time to time
prevent access to BetterPool from all or part of the Internet. BetterPool will make every
reasonable effort to restore access as soon as possible in the event the cause of the interruption is determined to be within it's control.
BetterPool will not accept responsibility for any consequences resulting from disruptions in service.
6. YOUR REGISTRATION OBLIGATIONS
To register on BetterPool, pool commissioners need to select a type of pool, enter a pool name and password, their name, email address, street address, city, state, country, and zip code. Administrators must also accept the terms of service outlined in this document. Since vital pool information is sent via email, please provide a valid email address. Pool members will be required to enter similar information upon joining a private pool. Should a user forget his/her password, they may reset their password and have the new password sent to them via the email address on record. If a user has changed email addresses, he/she should notify the pool commissioner immediately and the pool commissioner will make the necessary changes to the user's account record in an acceptable timeframe.
By agreeing to this TOS document, you agree to allow BetterPool to send you occassional promotional emails for additional BetterPool services. More frequent contact emailings will be sent to Pool Commissioners for notifications related to their pools.
8. 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 BetterPool 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. BetterPool cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. LOCATION OF LAWSUIT
You and BetterPool agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Haven, CT, USA.
10. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS 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.
11. LIABILITY LIMIT & DISCLAIMERS
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST INCOME OR 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 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.
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.
NEITHER BETTERPOOL, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO BETTERPOOL OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.