TERMS OF SERVICE FOR TOURNAMENTPOOLS.COM
1. ACCEPTANCE OF TERMS
Welcome to Tournament Pools.com. Tournament Pools is a division of Office Football Pool.com
("OFP") and the following Terms of Service ("TOS") for OFP also applies to Tournament Pools.
OFP provides its service to you, 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: http://www.tournamentpools.com/tos.cfm. In addition,
when using particular OFP services, you and OFP shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
OFP provides users with a powerful, easy to use, customizable application for
hosting private football, basketball and other fantasy sports pools online. In addition to
the private leagues, OFP has public contests from time to time which are free to join.
OFP does not provide any pay to enter pools or contests.
OFP provides the user interface for entering picks and lineups and provides scoring and standings
based on customizable user settings. OFP publishes team statistics and matchups, game scores,
expert analysis, message boards and other useful information pertaining to sports pools and fantasy
leagues.
OFP does not collect entry fees and OFP does not distribute prizes. OFP charges a website fee that is
based on the number of users in your league or pool. OFP has no financial interest in the outcome of
any sporting event.
OFP provides its services for the purposes of private amusement and entertainment only. OFP does
not promote the conduct of unlicensed, illegal or professional gambling, and will not condone the
use of its facilities for any such purpose. Any pool discovered to be conducting unlicensed, illegal
or professional gambling may be disconnected at once without warning, and without any liability on
OFP's part to the parties disconnected.
THE OFP WEBSITE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND IS NOT TO BE USED FOR GAMBLING.
OFP will make every reasonable effort to provide access on demand to members and Pool managers.
We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website
traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time
prevent access to OFP from all or part of the World Wide Web. OFP will make every commercially
reasonable effort to restore access as soon as possible in the event its own services are disrupted.
OFP has made every reasonable effort to compose software and programs that are compatible with
the browsers and operating systems now generally in use on the Internet, and every reasonable
effort to ensure these programs are free of defects. OFP will not accept responsibility for any
consequences resulting from incompatibility between its software and programs and those of any
Members, Pool Managers or users.
3. LICENSE TO USE SOFTWARE
Members and Pool Managers have a limited license to access and use the software that comprises the
pools for which they have registered and paid the website hosting fee. No one may reproduce, copy,
or redistribute, whole or in part, any of the software that constitutes the OFP service functions.
No rights of any kind in any of OFP's software, programs or other property shall accrue to any user,
Member or Pool Manager.
4. PRIVATE POOLS
Private Pool Managers are solely and exclusively responsible for timely and correct updating
and information entry into their respective Private Pools. If the pool has a prize, it is the
sole responsibility of the individual pool manager to award that prize correctly and to ensure that
the pool rules meet all pertinant State and Federal laws. OFP will not accept any responsibility
for errors, omission, negligence or wrongful acts by any Private Pool Manager in the administration
of pools, awarding of prizes, or for any other damages, direct or consequential, arising from
participation in a Private Pool.
5. YOUR REGISTRATION OBLIGATIONS
To register on OFP you need to enter an email address, username and password, and you need to
agree to this Terms Of Service. Since we use your email address to look up your account information,
and to send you passwords and other information about the website, you should be sure to use a
valid email address when registering. You should also keep your email address up to date using
the My Account page which you can find here. If you use an
invalid email address, you may find it difficult to retreive your password and get
customer service.
6. PRIVACY POLICY
OFP will never share or sell your email address, or other information about you, with any other
website or company without your expressed consent.
7. USERNAME, PASSWORD AND SECURITY
You will create a username and password when registering with OFP. The username you
pick will be unique to the website and no other member will have the same username. Your
password should be something easy to remember and should not be the same password you use
to protect important personal information such as bank and brokerage accounts. You are
responsible for maintaining the confidentiality of the username and password, and are fully
responsible for all activities that occur under your username.
You agree to (a) immediately notify OFP of any unauthorized use of your
username or any other breach of security, and (b) ensure that you log off from your
account at the end of each session. OFP cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
8. LOCATION OF LAWSUIT
In the event of a dispute that cannot be solved by amicable negotiation, Members and OFP
agree to place their dispute before the American Arbitration Association, at a location
agreeable to both.
9. 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.
10. LIABILITY LIMIT
IN NO EVENT SHALL OFP, OUR 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
WEBSITE, 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.
11. INDEMNITY
You agree to indemnify and hold OFP 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.