Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to MyPointPool.com ("MPP"). MPP provides service to you subject to the following Terms of Service ("TOS"). The TOS may be updated from time to time without notice to you.

In addition, when using particular MPP services, you and MPP 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 Terms and Conditions.

2. DESCRIPTION OF SERVICE

MPP provides users with a powerful, easy to use application for hosting and/or participating in a PointPool – a game that has specific rules and guidelines.

MPP provides the schedule for each player, the ability to wager, underdog odds, the updating of the scores as games are completed and the revised standing for each week of the season, including the playoffs.

MPP may also provide team and game information on matchups, game scores, expert analysis, message boards and other useful information pertaining to this game. MPP will make every reasonable effort to provide access on demand to members and pool administrators. We cannot, however, guarantee perfect access at all times. Occurrences such as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to MPP from all or part of the World Wide Web. MPP will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. MPP will not accept responsibility for any consequences resulting from disruptions in service.

MPP 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. MPP will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any Members, Pool Managers or users.

MPP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MPP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

3. AMUSEMENT ONLY

MPP facilitates the playing of a game that requires knowledge, strategy and luck. The service is provided for the purposes of private amusement and entertainment only. MPP 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 MPP’s part to the parties disconnected.

4. LICENSE TO USE SOFTWARE

Administrators and Users have a limited license to access and use the software that comprises the pools for which they have registered and paid. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the MPP service functions. No rights of any kind in any of MPP’s software, programs or other property shall accrue to any user or administrator.

5. PRIVATE POOLS

Private Pool Administrators may establish their own rules concerning sign up fees and prizes but they are solely responsible for knowing and adhering to all applicable national, state and local laws concerning fees and prizes. MPP does not collect entry fees nor does it distribute cash prizes for privately run pools. If the pool has a prize, it is the sole responsibility of that pool’s administrator to award that prize correctly. MPP will not accept any responsibility for errors, omission, negligence or wrongful acts by any Private Pool Administrator in the administration of pools, awarding of prizes, or for any other damages, direct or consequential, arising from participation in a Private Pool.

6. YOUR REGISTRATION OBLIGATIONS
To register on MPP you need to enter an email address, username and password, and you need to agree to this Terms Of Service agreement. Since we use your email address to look up your account information, and to send you passwords and other information about the site, you should be sure to use a valid email address when registering. If you use an invalid email address, you will not be allowed to participate as an administrator or a user.

By accepting these Terms of Service, you agree to receive emails from MyPointPool.com concerning any existing services you have already subscribed to or any additional services you may be interested in subscribing to in the future.

If you refuse to accept emails from MyPointPool.com, you will no longer be authorized to use the MyPointPool.com website or participate in our pools. No refunds will be provided in this event.

7. PRIVACY POLICY

MPP DOES NOT share your email address or any other information we collect from you with ANY third party without your expressed consent. We simply collect this information so we may contact you if needed and to keep track of different users.

8. USERNAME, PASSWORD AND SECURITY

You will create a username and password when registering with MPP. The username you pick will be unique to the website – 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:

1. Immediately notify MPP of any unauthorized use of your username or any other breach of security; and 
2. Ensure that you log off from your account at the end of each session. MPP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

9. SPONSORS, THIRD PARTIES AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that MPP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

10. LINKS

MPP may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MPP has no control over such sites and resources, you acknowledge and agree that MPP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MPP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. CHOICE OF LAW & FORUM

This Agreement will be governed by the laws of the State of Pennsylvania. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Pennsylvania and you agree to personal jurisdiction by the state and federal courts sitting in Philadelphia, Pennsylvania. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms of Service and agree to submit to binding arbitration.

12. 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.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MPP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL MPP, OUR SUBSIDIARIES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH (a) INABILITY TO USE OUR SITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY NTHIRD PARTY ON THE SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE INCLUDING NEGLIGENCE. 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. IN NO EVENT SHALL MPP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE PURCHASE PRICE OF THE PRODUCT.

14. INDEMNITY

You agree to indemnify and hold MPP and (as applicable) our parent, subsidiaries, affiliates, officers, directors, contractors, vendors, agents, and employees, harmless from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party due to or arising out of or relating to your use of the Service.