ALL USERS OF THIS SITE AND SERVICE HEREBY AGREE TO BE BOUND BY THE FOLLOWING
TERMS AND CONDITIONS OF THE USER'S AGREEMENT: PLEASE READ THIS USER'S AGREEMENT
CAREFULLY BEFORE REGISTERING AN ACCOUNT WITH THIS SITE. YOU WILL BE REQUIRED TO
ACCEPT THIS AGREEMENT IN ORDER TO OPEN AN ACCOUNT.
MyCapper ("MyCapper", "We", or "Us") owns and maintains http://www.MyCapper.com
(the "Site") and offers you a variety of sports services including: sports
information, recommendations, statistics, news, articles, and game analysis (the
"Services") for entertainment and informational purposes only. The Site is
provided to you (the "User" or "You") subject to the following user's agreement
(the "Agreement") and terms and conditions (the "Terms"). By using the Site and
Services, you consent to and agree to be bound by these Terms. Please review the
following Terms carefully. If you do not agree to any of these Terms, you should
not use the Site or obtain any goods or services from the Site. MyCapper
reserves the right to amend these Terms from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
Use of The Site
You may not use the Site or Services for any illegal purposes or in any manner
inconsistent with these Terms. You agree to use the Site and Service solely for
your own noncommercial use and benefit, and not for resale or other transfer or
disposition to, or use by or for the benefit of, any other person or
entity. You must be at least 18 years of age to make a purchasefrom the Site.
All information or recommendations made by or supplied by MyCapper, the Service,
or the Site is strictly for entertainment and informational purposes and are not
intended to be used in violation of any jurisdictions' federal, state or local
laws, regulations or ordinances. The Site does not provide any gambling or
gaming activities and does not place or accept wagers.
The marketing and sale of the Services on the Site are not currently subject to
any particular governmental regulations nor regulated by any administrative
Any reliance on information and recommendations provided by Us, the Site or
Service is at the sole discretion and risk of the User. You agree to hold us
harmless against any losses or debts You may incur from any use of the
information or recommendations on the Site. Past performances do not guarantee
future results. While we will strive to provide accurate information You agree
to hold us harmless for any incorrect or inaccurate content on the Site.
2. ACCOUNT AND PASSWORD
Access to some areas of the Site and Services require use of a username and
password. You are responsible for maintaining the confidentiality and security
of your account's username and password, and you are fully responsible for any
activity that occurs under your password or account, whether or not authorized
by you. You agree to immediately notify Us of any unauthorized use of your
username, password or account. Failure to maintain username and password
confidentiality is cause for account termination and revocation of Your license
to use the Site and Service without notice in MyCapper sole discretion. In no
event shall We be liable or responsible for unauthorized purchases or deductions
made from Your account which is accessed using Your properly authenticated
username and password.
All bonuses or free credits paid by the Site will be in the form of a credit to
Your account, which can solely be used on the Site to purchase Our Services. Any
free credits disbursed by MyCapper to Your account will be at the sole
discretion of MyCapper. Our decisions on whether or not to add free credits
based on our guaranteed picks policy will be final and binding.
All credits on the Site have no cash value and cannot be redeemed and are not
transferable. Once credits have been purchased they cannot be withdrawn from the
Site. All purchases of credits are deemed to be final at the time of purchase.
Any password or right given to you to obtain information or documents on the
Site is not transferable. You agree to pay all charges that accrue to your
account. Any violation of these Terms is cause for termination of your
membership account and no refunds will be given. MyCapper shall not be liable
for any losses or damages arising from your failure to comply with this section.
3. PAYMENTS AND SALES
All sales on the Site are final. Due to the time sensitive nature of the
Services provided by the Site there are absolutely no refunds. Should there be a
billing or account mistake, Your sole remedy is to receive compensation by
having credits added to your Site account. Disputed charges and all billing
concerns must be reported to Customer Support within 30 days.
With respect to all purchases You make on the Site, You represent and warrant
that (i) all information You supply, including Your name, email address and any
payment information is true, correct and complete, (ii) charges incurred by You
will be honored by Your payment company, and (iii) You will pay the charges
incurred by You at the posted prices, including any applicable taxes.
4. LIABILITY FOR UNLAWFUL USE OR DAMAGES
In no event shall We be liable for any User's direct or indirect illegal or
unlawful use of the information or services contained on the site.
WHILE WE ENDEAVOR TO MAINTAIN THE HIGHEST PROFESSIONAL QUALITY OF THE SITE AND
SERVICE WE OFFER, IN NO EVENT SHALL WE BE LIABLE TO ANY USER FOR ANY TYPE OF
LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE INFORMATION ON THE SITE OR SERVICE.
WE DISCLAIM ALL LIABILITY OR RESPONSIBILITY FOR ANY AND ALL LOSSES OR DAMAGES
ACCRUED OR INCURRED BY YOU ARISING OUT OF THE USE OF THIS SERVICE OR THE SITE
WITHOUT LIMITATION, INCLUDING, BUT NOT LIMITED TO, LOSSES RELATED TO DELAYS IN
SERVICE OR SALES PROCESSING DUE TO SERVER DOWNTIME OR OUTAGES, FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, THE USE OF, OR THE INABILITY
TO USE, THE SERVICE, OR ACCURACY OF ANY INFORMATION OR ADVICE OR RECOMMENDATIONS
PROVIDED BY THIS SERVICE OR ON THE SITE.
5. DISCLAIMER OF WARRANTIES
THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, PRODUCTS, SERVICES AND
INFORMATION MADE AVAILABLE OR ACCESSED THROUGH THE SITE, ARE PROVIDED "AS IS"
WITH ABSOLUTELY NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. WITH RESPECT TO THE ACCURACY OR RELIABILITY OF ANY ADVICE
OR INFORMATION PROCURED OR PROVIDED BY OR THROUGH THE SITE OR SERVICE, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL NOT CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT
APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF, DESPITE THE ABOVE LIMITATIONS,
WERE FOUND RESPONSIBLE TO YOU FOR ANY REASON WHATSOEVER OUR TOTAL LIABILITY TO
YOU FOR ALL LOSSES, DAMAGES, AND CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID TO
US TO ACCESS THE SERVICE.
You agree to indemnify, defend and hold MyCapper, its parents, subsidiaries,
affiliates, officers, employees, licensors, contractors and users harmless from
and against any and all claims, demands, and expenses, including attorneys'
fees, made by any third party, due to or arising from: (a) Your use of the Site
or the Service; (b) Your violation of this Agreement; (c) Your violation of a
third party's privacy rights; (d) Your violation or infringement of a third
party's copyright, trademark, trade secret, patent, or other intellectual
property rights; (e) Your violation of this Agreement.
7. THIRD-PARTY LINKS AND CONTENT
Links to third-party sites and third-party content is not under the control of
MyCapper and We are not responsible for the contents of any linked site or any
link contained in a linked site, or any integrated third-party content. We
provide said links and third-party content only as a convenience to You and the
inclusion of any such links or third-party content does not imply Our
endorsement of the link or its respective web site content. Viewing of any web
site linked to the Site is at Your own risk.
We grant to you a revocable personal, non-transferable license to use the Site
and/or Service as set forth in these Terms. We reserve the right, in Our sole
discretion, to terminate Your access to the Site and Service at any time,
without notice. We may also terminate or suspend Your access to the Site or
Service for inactivity, which is defined as failing to log into Your account for
an extended period of time, as determined by MyCapper.
If you choose to purchase Services from MyCapper we require certain basic
personal information from you. We will use this information to provide a more
efficient and relevant Site. We reserve the right to notify you via Email about
new services or special offers on the Site. We will not sell your personal
information to any third party. Your privacy is extremely important to us. You
expressly consent to certain disclosures of Your personally identifiable and
other personal information provided by You to Us, to the extent set forth in
10. COPYRIGHT & NOTICES
All content and code on the Site and Service are protected by Copyright and are
the exclusive property of MyCapper. You may not reproduce or redistribute any
content contained on the Site and/or Service. Reproduction or redistribution is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent permitted by law.
We are not affiliated with, endorsed or licensed by Major League Baseball, The
National Basketball Association, The National Football League or The National
Collegiate Athletic Association and our reference and display of these
trademarks does not indicate any approval by their respective owners. It is
understood that this site is a news and information service and that reference
to other names and trademarks is necessary in the course of providing such
11. TERMINATION OF SERVICE
We reserve the right, in Our sole discretion, to terminate all or any portion of
the Services at any time and for any reason. Upon termination of the Site and/or
Service, Your right to use the Site and/or Service will immediately cease. We
will have no obligation thereafter to provide access to any Services. We may, in
Our sole discretion, remit any unused portion of funds or Site credits remaining
in Your Site account. If You object to any portion of this Agreement, or any
subsequent modification thereto, or become dissatisfied with the Service, the
Site, or any other Site Content, or any transaction entered into through the
Site or Service, Your only recourse is to immediately discontinue use of the
Service. The preceding sentence sets forth Your sole and exclusive remedy
regarding any objection to these Terms and this Agreement, or any
dissatisfaction with the Service or the Site.
12. AGREEMENT ENTIRETY
Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. These Terms constitutes the entire and
only agreement between Us and You and supersedes any and all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, goods and Services provided by or through the
Site, and the subject matter of these Terms. To the extent that anything in or
associated with the Site is in conflict or inconsistent with these Terms, these
Terms shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.